Recently, the Superior Court of Justice (STJ) made a significant decision that establishes new guidelines to protect retirees, pensioners, and beneficiaries of the National Institute of Social Security (INSS). The Court decided that if banks cannot demonstrate the legality of the contracted payroll loans, they must refund the amounts that were improperly deducted from retirement benefits.
This resolution is of utmost importance, especially for people in vulnerable situations, such as illiterates or those with difficulties understanding financial contracts. The STJ believes that this decision strengthens consumer rights and imposes greater responsibility on financial institutions.
Review of the case by the STJ
The analysis by the STJ originated from a complaint by an INSS beneficiary who did not recognize several deductions in his payment. A man, who is illiterate, encountered charges related to payroll loans and bank fees that he had not authorized.
At first, the Justice provided a partial response to some of the claimant’s requests. However, the Court of Justice of Minas Gerais (TJMG) validated the charges later, arguing that the transactions were carried out using a chip card and personal password. Upon reviewing the case, the STJ disagreed with this interpretation.
Contracting conditions and legal requirements
The ministers of the Third Panel of the STJ emphasized that simply using a bank password does not validate a loan contract, especially when the contractor is illiterate. According to the Civil Code, these contracts must comply with specific requirements, which include:
- The signature being made by a third party at the request of the contractor;
- The presence of two witnesses at the time of signing;
- The evidence that the contractor understood the content of the document.
These measures aim to protect individuals in vulnerable situations so that they do not incur debts without understanding all aspects involved, such as interest rates and contract terms.
Consequences for INSS beneficiaries
Regarding payroll loans, the installments are deducted directly from the benefit paid by the INSS. Thus, insured individuals may notice improper charges only when they perceive a lower amount in their payments. The STJ’s decision establishes that it is the banks’ responsibility to prove that there was a valid authorization and that the consumer was fully aware of the contractual conditions.
Groups entitled to contest deductions
The following groups have the right to contest deductions from their benefits:
- Retirees;
- Pensioners;
- Beneficiaries of the Continuous Cash Benefit (BPC) with financial links;
- Other insured individuals receiving benefits from the INSS who identify unknown deductions.
Therefore, it is crucial that beneficiaries analyze their payment and payroll loan statements.
Verification of deductions
Beneficiaries can consult this data at no cost through the Meu INSS app or website. In this environment, it is possible to view:
- Active contracts;
- The bank responsible for the loans;
- The number of installments;
- The amounts deducted monthly;
- The outstanding balance, when available.
This regular monitoring facilitates the swift identification of improper charges.
Steps to take in case of an unknown deduction
If a beneficiary finds a deduction or loan they do not recognize, it is advisable to follow a few steps. First, they should request from the responsible financial institution a copy of the contract, which must present documentation proving the client’s authorization.
If the issue is not resolved, the consumer can file complaints with consumer protection agencies, such as Procon, or through the Central Bank channels. In certain situations, it may be necessary to seek legal guidance for actions aimed at suspending deductions, declaring the contract’s non-existence, refunding amounts already deducted, and even requesting compensation for moral damages.
Increasing banks’ responsibility
The STJ’s decision highlights that the mere presentation of records of password or card usage is not sufficient. Financial institutions must prove that all legal requirements have been met, especially regarding consumers considered vulnerable. This new interpretation seeks to increase banks’ responsibility and mitigate fraud.
Measures to benefit INSS insured individuals
In recent years, there has been a rise in complaints regarding unauthorized deductions from retirement benefits. This situation has led the INSS and consumer protection agencies to strengthen protective measures for insured individuals. The recent STJ decision underscores that credit contracting must be carried out clearly and with total understanding by the consumer. Maintaining regular monitoring of benefits statements is one of the best strategies to prevent financial losses.