Portuguese 
English 
Spanish 
5 min of reading 
0 comments 
Irregular Deductions on Social Security Benefits Led to the Discovery of Unauthorized Consigned Loans, Challenged Signatures and Transfers to Accounts in Another State, Resulting in a Court Block of More Than R$ 525 Thousand Against Banks.
The Court of Mato Grosso ordered the blocking of R$ 525,887.28 in accounts linked to Itaú Consignados and BNP Paribas Brasil after concluding that deductions were applied to the retirement of an elderly person, in Cuiabá, for consigned loans that he did not request or authorize.
According to the case, the retiree only noticed the problem in early 2018, when the monthly benefit, then about R$ 2.5 thousand, dropped to approximately R$ 1.6 thousand.
The deductions reached nearly half of the elderly person’s income and continued for more than four years, at least until 2022, according to the records.
-
Vale looks at Carajás copper that remained hidden in the balance sheet for 20 years and could be worth almost half of the company, according to Exame, as global demand surges with electric cars, data centers, 5G, and renewable energy worldwide until 2040.
-
Coca-Cola closes 114-year-old factory and lays off 85 workers, Ventura unit shuts down in July and operations will be transferred to other facilities in the southern part of the American state.
-
A proposal advancing in Congress may suspend the driver’s license of those who drive using smart glasses with artificial intelligence, imposes a very serious fine multiplied by five, and revocation of the license in case of recurrence, and the text has already been approved by a committee of the Chamber of Deputies.
-
Lages Shopping Center, the only one in the Serra region of SC, is purchased by a São Paulo investment fund after the previous group accumulated a debt of R$ 650 million and saw a package of shopping centers go to auction without a buyer in the initial stages.
Even after the final judgment, when there is no further contestation regarding the recognized right, the institutions would not have voluntarily settled the judgment, leading to the court blocking order.
Unauthorized Consigned Loans in the Name of the Retiree
According to what was reported in the case, four consigned loans were established in the name of the elderly man, two linked to Itaú and two to BNP Paribas.
The transactions, again according to the records, totaled R$ 52 thousand and began to generate direct monthly deductions from the social security benefit, without the victim being aware of what was happening.
While the debts appeared on the payslip, the amounts of the loans would have been transferred to accounts at agencies located in Goiânia (GO).
The records mention movements to accounts linked to Caixa Econômica Federal and also to Unibanco, an institution later acquired by Itaú.
Bank Transfers and Difficulty Tracking the Destination of the Money
The procedural investigation, according to what is recorded in the case, sought to trace the destinations of the funds.
The Judiciary contacted the agencies responsible for the accounts indicated as recipients of the transfers.
When questioned by the Court, Caixa stated that it could not locate the account indicated as the recipient.
As for Unibanco, which had its assets incorporated by Itaú, it did not respond to the official correspondence, as recorded in the process.
This point became relevant because the origin and destination of the amounts are central to understanding the dynamics of the fraud.
Without confirmation of accounts and holders, the judicial investigation relies on what banks and agencies can prove through internal records and documents submitted.
Even so, the deductions remained and, for a long period, continued to reduce the retiree’s income.
The case worsened because the elderly person stated that he did not know exactly why the benefit was lower, nor where the difference was going, as he did not contract the loans.
“Signed” Contracts and the Condition of Illiteracy
One of the most sensitive aspects of the process involves the documents presented by the financial institutions to support that there was authorization from the retiree.
According to the records, contracts were submitted with a signature attributed to the elderly man, but the victim is illiterate, which raised doubts about the regularity of the hiring.
The process also records inconsistencies in personal data linked to the documentation used.
A highlighted excerpt in the records points to discrepancies in the place of issuance of the General Registry and in the supposed indicated residence, in addition to differences between images in documents presented, even when the CPF number matched that of the retiree.
“As proof of the operation, the bank submitted the ‘signed’ contracts by the appellant, even though he is illiterate, as well as points out that his General Registry was issued in Trindade/GO, a place the Author has never lived or been, and that he would have residence in the Municipality of Goiânia/GO, a city he claimed not to know. Furthermore, both agreements are accompanied by a personal document with a photo, in which, although the CPF number belongs to the appellant, there is a clear difference in images,” says a passage in the process.
In the context of the case, the condition of being illiterate is treated as an essential element to assess whether there was, in fact, valid consent.
The discussion focuses on what the banks were able to demonstrate regarding the identity of the person who signed, how the formalization occurred, and what security mechanisms were used to prevent hiring by third parties.
Court Block via Sisbajud After Non-Compliance with the Sentence
The blocking decision was signed by Judge Olinda de Quadros Altomare, of the 11th Civil Court of Cuiabá.
According to the order, the asset freeze occurs through Sisbajud, a system used to locate and block financial assets, with automatic reiteration known as “Teimosinha”, for a period of 30 days, until reaching the limit of the updated debt.
The magistrate also recorded the incidence of a 10% fine and 10% attorney’s fees due to non-payment within the legal deadline.
The process points out that the order aims to ensure the execution of the sentence, since the payment would not have occurred spontaneously, even with the case closed in the appellate route.
“Given the inertia of the defendants in promoting voluntary payment within the legal deadline, a fine of 10% (ten percent) and attorney’s fees of 10% shall apply to the amount of the judgment. Therefore, I grant the request for the blocking of financial assets via the Sisbajud system, in the mode of automatic reiteration (‘Teimosinha’), for a period of 30 days, until the limit of the updated debt amount of R$ 525,887.28,” ordered the magistrate.
The difference between the total amount of the loans mentioned in the process and the blocked amount is explained, as indicated in the records, by the update of the debt and the application of charges provided for at the execution stage, such as fines and fees.
With deductions that spanned years and documents contested by the very condition of the beneficiary, how to prevent fraud in consigned loans from continuing to slip through the system without being perceived in time by those who depend on the benefit to survive?
-
1 person reacted to this.