Entenda proposta de acordo do INSS para devolução de descontos ilegais

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Beneficiários lesados serão integralmente ressarcidos

POR ANDRÉ RICHTER – AGÊNCIA BRASIL (https://agenciabrasil.ebc.com.br/)

Advocacia-Geral da União (AGU) apresentou nesta quarta-feira (2) ao Supremo Tribunal Federal (STF) uma proposta de acordo para iniciar, a partir de 24 de julho, o ressarcimento dos descontos irregulares de mensalidades associativas dos benefícios de aposentados e pensionistas.

De acordo com a proposta, os beneficiários vão ser integralmente ressarcidos pelos descontos não autorizados nos contracheques entre março de 2020 e março de 2025. 

Se for homologado pelo Supremo, os pagamentos serão feitos a cada 15 dias, a partir da data inicial. Cada lote deve contar com o ressarcimento de 1,5 milhão de beneficiários. Os valores serão corrigidos pelo Índice Nacional de Preços ao Consumidor Amplo (IPCA), indicador da inflação.

Para ter direito a aderir ao acordo, quem foi lesado pelas associações envolvidas no esquema deverá entrar em contato diretamente com o INSS, por meio dos canais de atendimento do órgão. A adesão será voluntária. 

Após análise do pedido, o aposentado entrará na lista de pessoas que terão direito ao ressarcimento. 

Em contrapartida, quem entrou na Justiça para receber o ressarcimento deverá desistir da ação contra o INSS, que se compromete a pagar 5% de honorários advocatícios nas ações individuais propostas antes de 23 de abril de 2025.

Confira as principais regras do acordo, que ainda depende de validação do STF.

Pedido de devolução

Canais disponíveis:  Aplicativo Meu INSS, central telefônica 135 e agências dos Correios. 

Devolução automática

Por estarem em grupos de pessoas vulneráveis, idosos maiores de 80 anos, quilombolas e indígenas serão ressarcidos independentemente de requerimento. 

Processo de contestação

O sistema do INSS gera cobrança à entidade associativa quando há contestação;

A entidade tem 15 dias para comprovar a autorização ou devolver valores via GRU (Guia de Recolhimento da União);

Se a entidade não fizer o reembolso ou não provar a regularização do desconto, o INSS devolverá os valores.

Efeitos jurídicos 

Extinção de ações individuais e coletivas com quitação integral ao INSS;

Honorários advocatícios de 5% sobre o valor devolvido administrativamente (ações ajuizadas até 23/4/2025);

Afastamento de danos morais e da aplicação do Código de Defesa do Consumidor (CDC) em relação ao INSS;

Necessária contestação administrativa prévia; 

Em caso de não adesão ao acordo, o beneficiário poderá buscar a via judicial.

Objeto do acordo

Ressarcir integralmente beneficiários por descontos não autorizados entre março de 2020 e março de 2025, independente da prévia responsabilização das associações;

Valores devolvidos serão corrigidos pelo IPCA;

O INSS adotará todas as medidas necessárias para promover a responsabilização integral das entidades responsáveis pelos descontos.

Prevenção de novas fraudes

O INSS vai revisar normas e procedimentos para prevenir novas fraudes em descontos associativos.

Conciliação

O acordo enviado para chancela do STF foi fechado entre a AGU, o INSS, o Ministério da Previdência Social, a Ordem dos Advogados do Brasil (OAB), a Defensoria Pública da União (DPU) e o Ministério Público Federal (MPF).

Todos os órgãos participam de uma conciliação aberta pelo ministro Dias Toffoli.

Segundo a AGU, a homologação é necessária para dar segurança jurídica ao processo de devolução dos valores descontados.

O órgão também aguarda pedido para que Toffoli determine a abertura de crédito extraordinário no orçamento para viabilizar o ressarcimento e a exclusão dos valores do teto de gastos da União para os anos de 2025 e 2026.

Bloqueios

As fraudes são investigadas na Operação Sem Desconto, da Polícia Federal, que apura um esquema nacional de descontos de mensalidades associativas não autorizadas. Estima-se que cerca de R$ 6,3 bilhões foram descontados de aposentados e pensionistas entre 2019 e 2024.

Até o momento, a Justiça Federal já bloqueou R$ 2,8 bilhões em bens de empresas e investigados envolvidos nas fraudes em descontos irregulares nos benefícios. 

168 comentários em “Entenda proposta de acordo do INSS para devolução de descontos ilegais”

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