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Courts Confirm: Payroll Loans Without Signature or Biometric Are Null. Retirees from INSS Will Be Entitled to Double Refund and Cancellation of Debts.
In recent months, a series of decisions from state courts and the Superior Court of Justice (STJ) have consolidated a historic understanding: payroll loans executed without signature, without biometric data, or without any proof of authorization from the contractor are null and void. This measure represents a turnaround in the defense of retirees and pensioners from INSS, who have long been victims of fraud and abusive charges involving loans taken without consent.
Case Law Reinforces Total Protection for Retirees
According to the STJ’s Summary 479, financial institutions are objectively liable — that is, regardless of fault for internal frauds, including those committed by banking correspondents or third parties.
Thus, when there is no clear evidence that the consumer authorized the contract, the bank is required to cancel the debt and return the amounts in double, based on Article 42, sole paragraph, of the Consumer Protection Code (CDC).
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In the courts, the interpretation has been unanimous. In São Paulo, the 36th Chamber of Private Law upheld the conviction of a financial institution that debited undue installments from a retiree without a signature on the contract. The case was adjudicated under number 1003106-51.2023.8.26.0032, and the bank was ordered to return the money and pay damages for moral injury.
In Minas Gerais, the 10th Civil Chamber confirmed the same understanding when analyzing the case 1.0024.22.132475-4/001, where an expert examination proved the non-existence of a signature, biometric data, or facial registration of the beneficiary. The loan was annulled and the bank was ordered to refund all amounts with interest.
Cases Multiply Across the Country
In Bahia, the Federal District, and Rio Grande do Sul, similar decisions mandated the immediate cancellation of fraudulent payroll loans and double compensation for injured retirees. In some cases, judges also recognized the emotional distress caused by the undue debts and set indemnities for moral damages exceeding R$ 10 thousand.
The Federal Public Ministry (MPF) and the Public Defender’s Office of the Union (DPU) are monitoring the increase in complaints and are already coordinating class action lawsuits to hold banks and correspondents accountable for abusive practices.
According to estimates from the Brazilian Federation of Retired Persons and Pensioners (Cobap), over 30% of complaints registered in Procons regarding payroll credit involve fraud or hiring without consent.
Mandatory Biometric Data and New Regulations from the Central Bank
In response to the avalanche of irregularities, the Central Bank and Febraban (Brazilian Federation of Banks) have determined that starting in 2024, all payroll credit operations conducted in the country — including those made by phone or app — must be authenticated with facial biometric data, fingerprints, or certified electronic signatures.
The rule aims to eliminate contracts made solely with personal data of the retiree, without proof of consent. Non-compliance with these requirements may lead to automatic annulment of contracts, in addition to administrative penalties for banks.
The Elderly Have the Right to Refund and Compensation
Consumers who identify undue deductions from their INSS benefits should file a complaint with Meu INSS, with Procon, or directly contact the Special Civil Court. The process is simple and can be initiated without a lawyer for claims up to 40 minimum wages.
Experts emphasize that, according to the Article 42 of the CDC, the client who pays undue amounts is entitled to double restitution — plus interest, monetary correction, and in cases of moral damage, additional compensation.
The recent wave of court decisions signals an important advance in financial protection for the elderly, who have historically been the primary victims of abusive practices in the credit market.
Banco bagunça me ofereceu um empréstimo consignado sendo que na época bpc não dava direito a empréstimo e hoje estão me cobrando quase 30 mil sendo q fizeram de 1000 o q faço?
Ufa!!!! Finalmente a justiça foi feita nesse país.👏👏👏
O banco ICRED, me ligou oferecendo uma redução no valor das parcelas de um empréstimo consignado. Segundo a pessoa que ligou, as parcelas seriam reduzidas por conta de queda de juros. Entretanto não foi o que aconteceu,na verdade sem meu consentimento me fizeram foi um novo empréstimo. Agora, em vez de um, pago dois empréstimos!