A financial scandal has come to light: the Armed Forces spend R$43 million annually on pensions without clear legal support. Benefits paid to family members of discharged military personnel, including criminals, defy legislation and call into question the use of public funds. The proposed changes promise adjustments, but are they enough?
An explosive revelation has put the Armed Forces under the spotlight: millions of reais are being spent annually on a pension scheme that defies legal norms and raises serious questions about the management of public resources.
The problem not only involves large amounts of money, but also benefits families of military personnel who have committed serious crimes.
This is the central point of a technical report from the Federal Court of Auditors (TCU), which details a practice that appears to be outside the law.
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According to the document revealed by Metropolis portal, The Armed Forces allocate around R$43 million per year to paying pensions for “fictitious deaths”.
These pensions are intended for relatives of expelled military personnel, many of whom were involved in crimes such as homicide, international drug trafficking and attempted rape.
Current legislation, however, does not explicitly provide for this type of benefit, which has generated criticism and demands for changes.
What is a “fictitious death” pension?
The fictitious survivor's pension is a controversial benefit. Unlike what happens with deceased military personnel, this payment is intended for family members of former military personnel who are alive but excluded from the Armed Forces.
According to the TCU technical report, the practice is the result of an outdated interpretation that is contrary to constitutional principles.
The audit concluded that there is no clear legal basis for this benefit, which should only be applied in cases of death.
The document, attached to a process that has been underway since November 2024, highlights that the continuation of these pensions could be seen as an incentive for misconduct by military personnel seeking to leave the Armed Forces in a dishonorable manner.
“The benefit favors the family members of expelled military personnel, guaranteeing access to the military pension system without the founder having contributed throughout their career,” points out the TCU audit unit.
Cases that are shocking due to their severity
Among those benefiting from this controversial practice is the family of former Major Ailton Gonçalves Moraes Barros, expelled from the Army in 2006.
He was indicted by the Federal Police for attempted coup d'état and for forging Covid-19 vaccination cards. His wife, Marinalva Leite da Silva Barros, receives R$22,8 in monthly pension.
Another emblematic case involves former second sergeant Manoel Silva Rodrigues, convicted of international drug trafficking.
Expelled from the Air Force after being caught transporting 38 kilos of cocaine on a FAB aircraft, his family receives R$5,7 per month. These are just two examples of a total of 530 beneficiaries listed by the Armed Forces in 2023.
Ministry of Finance and proposals for change
The issue of spending on pensions and retirements in the Armed Forces was already in the sights of the Ministry of Finance, which is trying to balance public accounts.
The end of the fictitious survivor's pension is among the proposals in the fiscal package, but the changes should only be discussed next year.
Law No. 3.765/1960, updated in 2019, determines that military personnel who lose their ranks are not entitled to regular retirement, but still allows their dependents to receive pensions proportional to their length of service.
This legal loophole is the focus of the current debate, especially after the TCU report.
What do the authorities say?
So far, the Army has stated that it complies with the judicial measures determined, but has not commented on the specific report.
The Air Force and the Navy, when contacted, also did not provide an official position. The Defense Ministry, which oversees the Armed Forces, declined to comment on the matter.
This lack of official responses has generated even more doubts and criticism about transparency in the administration of public resources allocated to the Armed Forces.
Pressure for legislative changes and greater oversight is only increasing, with the aim of ensuring that public money is used fairly and within the law.
Impacts and questions
The payment of fictitious death pensions raises questions not only about the financial impact on public coffers, but also about the values and ethics within military institutions.
The continuation of this benefit could create a dangerous precedent, encouraging inappropriate behavior in search of social security advantages.
Will the proposed changes be enough to correct these distortions? Or will new legal loopholes allow cases like these to continue to exist? Society awaits with anticipation the outcome of this crucial debate for the future of Brazilian public accounts.