The news of a woman who received more than R$ 50,000 from the INSS due to an administrative error went viral. The fact occurred in Rio Grande do Sul and ended up in court. The decision of the Federal Regional Court of the 4th Region is that she received the amount in good faith. Unanimously, it was decided that it should not return the amount.
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In the process, it was seen that the plaintiff was receiving the amount unduly, as this was a retirement pension benefit intended for her brother. In life, the man was retired due to disability. He was a farm worker. The issue is that even after her death, the woman continued to receive the amounts for a while. More precisely between March 2004 and April 2012.
Despite this, she reported that she registered her brother's death on March 3, 2004. The exact day on which he died. The problem began when, even after she registered the death of a relative, the benefit continued to be paid for years.
From the year 2017, she realized that discounts on death pension amounts began to be carried out. These discounts began to be made, as it was determined that there had been undue withdrawals from the deceased brother's disability retirement benefit.
Judge Cláudia Cristina Cristofani, rapporteur for the case, informed that it was obvious that the woman did not act in bad faith in at any time, especially since she went to the INSS and informed the death of the person who was the real beneficiary. Due to a failure by the institute, she continued to receive the amount and believed that it was correct, that is, that she deserved to be receiving the transfers, since she had already communicated the fact to the agencies.
The judge considered that the revision of the payment destined to the beneficiaries must be carried out by the Social Security Authority: "The plaintiff cannot be imputed to the undue receipt during the entire period only in the face of a supervening fact to the review late. The INSS did not attach even proof of the administrative procedure in which it reviewed or notified the part plaintiff about the undue installments, trying only to make believe that she acted in bad faith”, he added Cristofani.
Finally, the judge also informed that a body of such importance and such recognition as the Instituto National Social Security (INSS) failed to act more carefully and with greater supervision at the time when the fact occurred. It also determined that the amounts deducted from the death benefit be returned to the woman. That decision was unanimous in court.
After being searched, the institute did not provide further clarification.
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