Associações que lesaram aposentados com descontos do INSS pagavam percentual a empresas de crédito consignado que faziam filiação de aposentado
Mesmo sendo proibido por lei, segundo as investigações, empresas de crédito faziam a xhamada venda casada para aposentados e pensionistas atraídos por conta de empréstimos.
É importante destacar que o Código de Defesa do Consumidor (CDC), em seu Artigo 39, inciso I, proíbe expressamente essa prática.
As associações suspeitas de fraudarem filiações de aposentados para cobrar mensalidade firmaram contratos com empresas de crédito consignado para captação de novos filiados. Na prática, elas ganhavam um percentual dos descontos de cada associado que conseguiam filiar ao vender os empréstimos, que também são deduzidos da folha de pagamento.
Planilhas e quebras de sigilo obtidas em investigações sobre o esquema bilionário de fraudes contra aposentados do Instituto Nacional do Seguro Social (INSS) revelam que entidades envolvidas na farra dos descontos indevidos pagaram pelo menos R$ 110 milhões a empresários e empresas que operam crédito consignado.
Uma auditoria do Tribunal de Contas da União (TCU), feita em 2023, identificou centenas de milhares de descontos associativos realizados próximos de datas de empréstimos consignados. Até agora, 12 entre mais de 30 entidades envolvidas são alvo de processo. Segundo o INSS, 9 milhões de aposentados sofreram descontos e serão notificados nesta semana para o início do plano de ressarcimento.
- A associação que mantém maior vínculo com esses empresários é a Amar Brasil Clube de Benefícios, que tem como presidente o aposentado Américo Monte. A entidade faturou R$ 324 milhões desde que firmou seu acordo com o INSS, em 2022, com o diretor Edson Yamada, na gestão do ex-ministro da Previdência José Carlos de Oliveira (PSD).
- Monte é pai de Américo Monte Jr, que é dono de empresas de crédito consignado. Como mostrou o Metrópoles, o filho já foi investigado após um funcionário dizer que dentro de suas empresas havia um esquema de falsificação de assinaturas de aposentados para empréstimos fraudulentos.
- O funcionário em questão prometeu mostrar um vídeo de Micaela Magalhães, neta de Monte e filha de Monte Jr, ensinando como fraudar assinaturas. O inquérito foi arquivado após o funcionário dizer que perdeu o celular em que salvou o vídeo.
- A Amar Brasil repassou R$ 25 milhões somente para uma empresa de Américo Monte Jr. Outras empresas receberam R$ 54 milhões da entidade.
- Outras entidades ligadas ao crédito consignado são a Aposentados Mutualistas para Benefícios Coletivos (Ambec), a União dos Aposentados e Pensionistas do Brasil (Unsbras ou Unabrasil) e o Centro de Estudos dos Benefícios dos Aposentados e Pensionistas (Cebap), que faturaram R$ 580 milhões com descontos desde que firmaram seus acordos com o INSS, nos governos Lula e Bolsonaro.
- Todas elas são ligadas ao empresário Maurício Camisotti, do ramo de seguros e planos de saúde, e têm em seus quadros parentes e funcionários — o que inclui uma faxineira — de empresas dele.
- A quebra de sigilo da PF na Operação Sem Desconto, de abril, revelou que pelo menos R$ 15 milhões foram pagos por entidades ligadas a Camisotti a empresas de Hebert Menocchi, um ex-gerente do BMG.
Duas planilhas apreendidas da Cebap e da Ambec mostram pagamentos a essas empresas de R$ 6,8 milhões e R$ 8 milhões, respectivamente. Contratos com esses grupos mostram como era o acordo com as entidades.
A cláusula de remuneração previa que 100% da primeira mensalidade descontada do aposentado pelas entidades e 21% de todas as demais contribuições mensais seriam repassados às empresas que operam os consignados e faziam as filiações dos segurados.
O TCU já havia descoberto uma relação entre os empréstimos consignados e o aumento dos descontos de mensalidade associativa, que triplicaram entre 2023 e 2024, chegando a R$ 2 bilhões no período de um ano.
Segundo o levantamento do órgão, 482 mil filiações foram feitas em datas próximas do início de contratos de empréstimos consignados dos aposentados, somente entre janeiro e outubro de 2023.
“Considerando o universo de 2.024.953 novas associações no período, foram 23,84% das novas associações com datas próximas a empréstimo, correspondente a R$ 74.646.229,06 em descontos associativos de janeiro a outubro de 2023”, afirmou a auditoria.
O órgão, no entanto, considerou à época que, “a despeito dessas proximidades de datas, não se pode afirmar que são vendas casadas não permitidas legalmente”.
Na última quinta-feira (8/5), o presidente do INSS, Gilberto Waller Júnior, determinou o bloqueio de novos descontos de empréstimo consignado para todos os segurados, independentemente da data de concessão do benefício.
A decisão segue uma série de determinações feitas pelo TCU, em junho de 2024, que visava coibir fraudes relacionadas a descontos indevidos contra aposentados e pensionistas.
Na última semana, o deputado federal Nikolas Ferreira (PL-MG) divulgou um vídeo no qual afirma que o escândalo do INSS envolve empréstimos consignados e chega a R$ 90 bilhões.
A CGU do governo Lula rebateu a afirmação do parlamentar, dizendo que o valor se refere ao volume total de empréstimo consignado realizado em um ano e que a investigação conjunta com a PF mira apenas R$ 6,3 bilhões de descontos de mensalidade associativa sobre aposentadorias.
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