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Error in Official Registration Suspended Unemployment Insurance and Took Case to TRF3, Which Upheld Condemnation for Moral Damages
A worker from Paranaíba will be compensated R$ 15 thousand by the National Social Security Institute after being mistakenly registered as a domestic employee with a salary of R$ 48,648.65. The error occurred in the National Register of Social Information and resulted in the suspension of unemployment insurance.
The decision was upheld by the Federal Regional Court of the 3rd Region, which maintained the condemnation imposed on the social security agency for moral damages.
Dismissal and Unemployment Insurance Application
The worker was employed at a construction company and was dismissed without just cause on May 6, 2021. A little over 20 days later, he filed for unemployment insurance.
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The benefit was granted in five installments of R$ 1,912.00. The first two were paid normally, but the payments were interrupted in August of the same year.
Incompatible Registration Raised Attention
When seeking clarifications about the suspension, the worker was informed of an existing bond as a domestic employee from July 1 to July 31, 2021. The registration indicated a monthly salary of almost R$ 50 thousand.
The amount and the registered position were completely at odds with reality. The man stated that he had never performed domestic work and had never received such an amount.
Lawsuit and First Instance Decision
Due to the damage, the worker sued the Justice System and requested the removal of the erroneous registration from the CNIS. He also sought compensation for moral and material damages, including the installments of unemployment insurance he failed to receive.
The case was processed in the 2nd Civil Court of Paranaíba. Judge Plácido de Souza Neto recognized the existence of the error in the registration and found the salary attributed to the domestic bond to be implausible.
INSS Responsibility Confirmed
The INSS claimed it was not responsible for the management of the CNIS and denied culpability for the insertion of incorrect data. This argument was not accepted.
The magistrate emphasized that it is the responsibility of the social security agency to ensure the accuracy of the registration information. As there was no proof of the validity of the bond, he ordered the removal of the registration and recognized the moral damage.
Compensation and Appeals to TRF3
The compensation for moral damages was set at R$ 15 thousand. The request for reimbursement of the unpaid unemployment insurance installments was denied.
Both the worker and the INSS appealed. The agency once again denied responsibility, while the insured requested the application of interest, monetary correction, and conversion of the obligation to remove the registration into additional compensation.
Court Upholds Condemnation
TRF3 rejected the INSS’s appeal and upheld the condemnation. The rapporteur, federal judge Dinamene Nunes, highlighted that Law 8,213/1991 assigns the INSS the responsibility for the regularity of the CNIS.
According to the panel, the amount of compensation is appropriate and serves a compensatory and punitive function. The court also recognized that the suspension of unemployment insurance causes significant suffering, especially for low-income workers.
Adjustments to Financial Calculation
The worker’s request for the application of default interest and monetary correction from July 2021 was granted. However, the conversion of the obligation to remove the registration into compensation for losses and damages was denied.
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