The Brazilian Bar Association-São Paulo Section (OAB-SP) has sent a letter to the National Institute of Social Security (INSS), Dataprev, Comptroller General of the Union (CGU), Central Bank and Brazilian Banks (Febraban) requesting clarifications and urgent measures on denunciations of abuse committed by Crefisa, which since January has been the financial institution responsible for the payment of social security benefits.
The document points to alleged contractual violations, such as unquited loans, lack of transparency, precarious care and undue restrictions on access to values. At the end of last year, Crefisa won the auction of 25 of the 26 lots to operate the INSS sheet.
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The auction was surrounded by controversy. The Federal Regional Court of the 1st Region (TRF-1) accepted a request from the Brazilian Association of Banks (ABBC) against the INSS, on the eve of the auction. According to the current rules, with the objective of providing a deadline for reflection on the need to hire the loan, the new retirees remain blocked to perform 90 days after the granting of the benefit.
However, shortly before the auction, the INSS published Normative Instruction 172, establishing that, from 2025, the benefit -paying banks may be payable to new retirees without respecting these 90 days of blockade. For ABBC, change, in practice, creates a market reserve for paying banks, impairing free competition.
Rivals also pointed out that Crefisa had no physical presence in many of the squares she won, which was a requirement of the announcement. She had time to adapt – this service can be done via bank correspondent, which is a simpler and faster structure to assemble – but competitors believe she won’t be able to retain a very large percentage of customers.
Among the requests made, OAB-SP requires the presentation of supporting documents by Crefisa, the adoption of administrative sanctions and the revision of the rules to avoid future abuse, in addition to the revocation of IN 172, as well as the discontinuity of maintenance of the services offered in the lots in which CREFISA assumes absolute control over the public pension payments of the general regime.
The chairman of the OAB-SP Social Security Law, Joseane Zanardi, explains that the agency began receiving complaints in February this year. “With this, we become aware of the seriousness of events and the need to demand measures on the breach of the contract by Crefisa and all abuses and misconduct in serving retirees.”
The OAB-SP also says that the Procon-SP Foundation has already highlighted, in a technical manifestation, that the predominant profile of credit borrowers served by Crefisa “is composed of elderly, functional illiterate, over-indebted and with credit restrictions, a condition that requires the special contractor caution in the provision of services, especially regarding the clarity of information and protection against abusive practices”.
Sought, Crefisa stated that the facts reported in the OAB-SP office are not true and that it has not committed any irregularity. “Banco Crefisa participated in the INSS payroll auction to provide benefit payment services and fully met all the requirements provided for in the notice, having been qualified to participate in the trading session. In the bidding phase, it was winner of most lots, but this does not mean that it has a monopoly in the provision of services, as it only makes payments in places where you have an INSS bank service stations, which third of the total benefits paid. ”
According to the company, since the provision of services began, it has invested more than R $ 1 billion in technology and the expansion and modernization of their service stations, making them more affordable and comfortable, meeting all the requirements imposed by the INSS, which has been regularly overseeing the institution. “There is not even a complaint from any beneficiary who has failed to receive its benefit, from the more than 1 million beneficiaries served.”
Crefisa also stresses that the information that there is difficulties to receive the benefits, hiring unquited products and the obligation to open current account is not true. “Less than 5% of beneficiaries served open current account at the institution.”
The INSS said it filed a lawsuit aimed at the establishment of a investigation procedure. “On the same day of the opening, OAB-SP and OAB-MG have already been official to join the documentation based on these complaints. In these procedures were attached 18 other internal processes in which there were already in progress procedures. As soon as the procedure will disclose the result.”
In addition, the INSS says that, in its regular findings, it has granted a period of until June 30 so that all Crefisa service posts have ATM, according to the contractual forecast. “The INSS also clarifies that regular inspections are carried out with Crefisa. The latter were in Campina Grande (PB) and Altamira (PA). Last year, after inspection in the municipalities of Crato, Juazeiro do Norte and Barbalha, Ceará, Crefisa reformed all state service posts. In Manaus, all 11 posts were also renovated.”
Crefisa is controlled by the couple José Roberto Lamacchia and Leila Mejdalani Pereira, who is also president of Palmeiras. Financer made a profit of R $ 571.093 million last year, with total assets of R $ 6.603 billion.
