Considered one of the first people to point out the illegality of much of the discounted associative tuition of social security benefits of millions of retirees and pensioners, lawyer Eli Cohen told members of the National Parliamentary Commission (CPMI) of the National Institute of Social Security (INSS) that such an extensive and complex fraud would not work without the connivance of public servants and the involvement of high public office. echelon.
“This crime could not have been made if you did not have in your pocket the INSS President, the entire INSS Benefit Department and, in my opinion -and I’m sure you will get there -a Welfare Minister,” Cohen said by testifying CPMI on Monday (1).
Inappropriate by federal deputies and senators for about eight hours, Cohen said he became aware of the fraud in December 2022, when he was hired by two leaders of two entities authorized by the INSS to offer their members the ability to choose to pay associative tuition with discounts on their pensions and pensions. According to the lawyer, his first two clients were simple, also retired people, used as oranges in the scheme that involved various associative associations and entities.
“They went to the office because they couldn’t buy a refrigerator. Their name was dirty […] I attended them and – I’m even ashamed to talk – in ten minutes I knew it was an endemic fraud, ”said Cohen.
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In April this year, the Operation without discounttriggered by the Federal Police (PF) and the Comptroller General of the Union (CGU), has made public that millions of authorizations of associative tuition discounts have been fraudulent over the last few years, often without retirees and pensioners they even knew of the existence of the entities with which they were contributing financially. On the same day of the operation, the then president of the INSS, Alessandro Stefanuttowas dismissed from office and five other leaders of the institute, removed.
“[Essa fraude] It was only possible because everyone agreed to see nothing, not wanting to see anything, ”added Cohen, Ensuring that as early as March 2023, he presented a criminal news to the São Paulo Civil Police, sharing all the information and evidence he had gathered in a few months of investigation. Which, according to him, motivated the prosecutor to meet with him.
“They investigated a little and suddenly they no longer investigated,” Cohen said, explaining that, given the inertia of public institutions that should ascertain their complaints, he resorted to the press.
“I launched a hand from another instrument we have, investigative journalism, which expanded our investigations,” said the lawyer to comment on the reason for the police inquiry himself that resulted in the operation without discount was based on journalistic articles, published mainly by the Metrópoles website.
“I only use investigative journalism when authorities refuse, prevail. This is the truth,” Cohen said.
Fraud
For the lawyer, the origin of the so -called INSS Farra dates back to 2003, when the federal government published the Provisional Measure 130authorizing the payroll discount of amounts related to the payment of loans, financing and lease operations granted by financial and mercantile institutions and companies.
“The MP had an interesting social appeal: that [os empregados celetistas e também] The retiree had access to a credit without bureaucracy. The problem is how it was operated, ”said the lawyer, ensuring that the measure eventually prioritizing the interests of financial institutions.
He recalls that from 2025 the complaints of fraud appear in the payroll. “Seeking in the courts of justice all over Brazil, you find [ações judiciais movidas] put [cerca de] 400 retirees, in 2006, saying they did not borrow, “he says, adding that it was already an indication fraud. For him,” the problem of the payroll discount comes from 2005 and continues to this day. “
“Everything I’m talking about here is proven and I will leave with the president [da CPMI] All separate so that you can access the sources of everything I say here, “he said.” This model that I will explain works for all unions and associations. All. Just change the characters. What does not change are the victims: the retired [e pensionista]”Concluded the lawyer.
Gaps
Parliamentarians of the ruling base questioned aspects of Cohen’s testimony. “The deponent may be right in almost everything, but may be right in almost nothing. And it may have been silent [sobre alguns fatos]”, Commented Deputy Rogério Correia (PT-MG), noting that the lawyer did not present CPMI any documentary evidence to support his accusations.“ We cannot give faith a statement [se] He did not present a proof, no document. ”
“I find it very important to collaborate from Mr. Eli, which I think brings several relevant facts,” added Deputy Paulo Pimenta (PT-RS). “What we need [fazer] It is eventually filling out the spaces that are open in this criminal connection, ”concluded Pimenta.
The parliamentarian highlighted the fact that the deponent quoted the name of several of the people already investigated by the PF, not mentioning others, such as José Carlos Oliveira, former president of the INSS and former Minister of Labor and Social Security during the Bolsonaro government.
“You cited several ministry servers […] But the main person [a ser]investigated, the one in the entire press, to which it has granted [assinou] Act [Acordo de Cooperação Técnica] with Ambec [uma das associações investigadas]this was not cited. ”
* UPDATED MATTER FOR INFORMATION.
