The Chamber of Deputies approves a bill that prohibits unions from charging INSS retirees their salaries.

The Chamber of Deputies has concluded voting on a bill that prohibits deductions from INSS benefits for monthly fees paid to associations, unions, professional associations, or organizations of retirees and pensioners, even with the beneficiary's express authorization. The proposal will be sent to the Senate.

The text approved in the early hours of Thursday the 4th is a substitute proposed by the rapporteur, Representative Danilo Forte (União-CE), for Bill 1546/24, proposed by Representative Murilo Galdino (Republicanos-PB). The text now allows for the discount of payments due to banks for the advance payment of social security benefits, a transaction in which a discount is typically charged on the advance payment.

Currently, the INSS offers beneficiaries access to an advance of 150 reais of their benefit (retirement or pension) through the Meu INSS Vale+ program, in which authorized financial institutions can release the amount for expenses made with the program's card.

The rapporteur also proposed that the National Social Security Council (CNPS) no longer define the maximum interest rate for payroll loans for retirees and pensioners, which will be defined by the National Monetary Council (CMN) according to criteria for protecting beneficiaries and the viability of contracts.

The CNPS is made up of 15 councilors, including 5 government representatives, 3 retirees, 3 workers, and 3 employers. Last year, the Brazilian Banking Association (ABBC) filed a direct action of unconstitutionality (ADI) with the Supreme Federal Court (STF) challenging the INSS's and the council's authority to set the maximum interest rate.

Reimbursements

The text provides that the INSS must carry out an active search to locate and identify beneficiaries harmed by irregular discounts , either through audits carried out by control bodies or a relevant volume of complaints, reports, legal actions and requests for exclusion of unauthorized discounts.

Priority should be given to vulnerable population groups and hard-to-reach locations.

From the publication of the future law, the financial institution or leasing company that makes an undue discount on monthly fees will have to refund the full updated amount to the beneficiary within 30 days of notification of the irregularity by the INSS or of the final administrative decision that recognizes the discount as undue.

If the refund is not made, the INSS (National Institute of Social Security) will assume responsibility for the payment and charge the financial institution. To this end, the approved bill prohibits the use of Social Security revenues, and instead requires resources from the Federal Budget.

If the INSS is unsuccessful in its regressive action against the financial institution, the project allows access to the Credit Guarantee Fund (FGC), used by the financial system to finance, with contributions from the system's own institutions, certain types of market securities guaranteed by the fund, such as CDBs.

Seizure of assets

Danilo Forte's bill also amends Decree-Law 3.240/41, which governs the seizure of assets, even those obtained legally, to ensure payment in crimes against the Public Treasury. It adds to the legislation cases involving damages to public administration, public trust, and undue deductions from INSS benefits.

Furthermore, the rapporteur's text allows assets to be seized by court order even during the investigation phase, through representation by the police authorities. Currently, this representation requires a request from the Public Prosecutor's Office, which will continue to exist, and the seizure occurs when the person is already indicted .

The text adds a provision updating the decree-law in relation to the case law of the higher courts, explaining that the seizure may be carried out on assets over which the person has direct or indirect control and benefit on the date of the criminal offense or even if received later.

Also included are assets transferred to third parties free of charge or for a paltry consideration after the criminal activity began, as well as assets transferred to companies of which the person under investigation or accused is a partner, associate, director, or legal representative. In the latter case, there must be evidence that the company was used to commit the crime or benefited financially from the crime.

The approved text also provides for a practice already adopted based on other legislation that allows the seizure of assets: the advance sale to preserve the retained value of assets (such as real estate, for example) subject to any degree of deterioration or depreciation or when there is difficulty in maintaining them.

Consigned

The project increases the requirements for access to payroll loans made after the future law comes into effect, determining that discounts on these loans can only be made with prior, personal and specific authorization from the beneficiary through an authenticated document.

Authentication will be exclusively with biometrics, facial recognition or fingerprint and qualified electronic signature or multi-factor authentication.

The qualified electronic signature, for example, depends on payment for certification by a company authorized to issue and verify security keys (ICP-Brasil).

In addition to these authorization steps, the deduction from the INSS payroll will depend on the beneficiary being informed about the contract with the possibility of contesting it through INSS service channels, either in person or remotely.

After each loan agreement, the benefit will be blocked for new transactions, which will depend on another unlocking procedure.

The text prohibits the contracting of payroll loans or the unblocking of loans by proxy or telephone center.

Biometrics

Following these changes, the INSS must have terminals with biometric authentication technology available at all of its in-person service units, regardless of appointment, to enable the unlocking and contracting of payroll loans in person.

Elderly person

In the legislation on the National Fund for the Elderly, the approved text determines that the National Council for the Rights of the Elderly (CNDI), when establishing criteria for the use of the fund's money, will have to prioritize projects that promote health, well-being, leisure, digital inclusion and education, especially financial, with a focus on autonomy, scam prevention and income and asset management.

Misuse of purpose

The rapporteur, Representative Danilo Forte, stated that the use of state structures to implement discounts is a misuse of public funds and demonstrates an inappropriate use of public resources. "Experience in recent years has shown that the authorization of associative discounts has created an environment conducive to systemic fraud, compromising the safety of beneficiaries, especially the most vulnerable, and the credibility of the INSS (National Institute of Social Security) and Social Security," he declared.

According to the rapporteur, maintaining a structure to monitor millions of deductions, combined with the need to develop and maintain specific systems, disproportionately burdens the budgets of the INSS and the Union.

He warned that this dynamic diverts resources from the granting and maintenance of social security benefits. "The diversion of human and technological resources to discount control activities has worsened the waiting list for benefits," he said.

In April 2025, the INSS had accumulated more than 2.5 million pending applications, according to the agency itself.

Compensation

According to Danilo Forte, the INSS (National Institute of Social Security) should be held responsible for compensating the affected retirees and pensioners. "It was the INSS that facilitated the operation, sending the lists to Dataprev so that the illegal deductions could be notified," he said.

The rapporteur said that, with the approval of the proposal, it will be much more difficult for this type of irregular discount to occur again.

For Congresswoman Adriana Ventura (Novo-SP), the bill restores decency and rationality to the country. "It's very basic; it's trying to establish rules: electronic signatures for any payroll loan," she declared.

Banks

However, Congressman Renildo Calheiros (PCdoB-PE) criticized the proposal's targeting only the INSS (National Institute of Social Security) and leaving banks out of liability. "It's a very bank-friendly law, designed to boost their interest in their relationship with retirees," he said.

Renildo Calheiros stated that the bill creates a new lending opportunity for banks and will generate more revenue for these financial institutions. "There's a logic here to benefit the banks, and we need to separate the wheat from the chaff," said Congresswoman Fernanda Melchionna (PSOL-RS).

Representative Chico Alencar (Psol-RJ) agreed with the criticisms related to banks, but recognized positive points of the project, such as increasing protection for beneficiaries and the active search for fraud victims.

Consigned

For Congressman Rogério Correia (Workers' Party-MG), the same problem that existed with the entities, of not needing to confirm membership, still exists with the banks . "If there is any problem, theft, or loss to retirees in the future, the banks should pay for it, not the INSS," he declared.

Representative Duarte Jr. (PSB-MA) also criticized what he called a gap in payroll loans. "We must act with the same firmness, determination, and courage to fight the bankers and financial institutions that harm consumers on a daily basis," he stated.

According to the rapporteur, the loan agreements have become a benefit for retirees because they offer the lowest interest rates on the market. "The government is responsible for issuing the discount. The government is responsible for sending the list of retirees to Dataprev," said Danilo Forte.

Representative Eli Borges (PL-TO) praised the inclusion of the requirement for secure authentication in payroll loan agreements. "People said they didn't sign, and suddenly they were seeing discounts on their statements, and this caused great harm to poor Brazilians," he stated.

Highlights

The Plenary rejected the highlights presented by the parties in an attempt to change sections of the rapporteur's text. Check it out:

• The highlight of the PT-PCdoB-PV Federation was to prevent the INSS from having to reimburse the beneficiary for undue discounts made by financial institutions if they do not do so within 30 days of notification of the irregularity;
• PSB highlight intended to exclude the permission to discount installments owed to banks for the anticipation of social security benefits;
• The highlight of the Psol-Rede Federation intended to exclude from the text the definition of the maximum interest rate for the loan granted by the National Monetary Council (CMN), maintaining the attribution in the National Social Security Council (CNPS);
• a highlight of the PT-PCdoB-PV Federation intended to exclude a provision that determines the use of resources from the Union's budget allocations for the reimbursement imposed on the INSS;
• The PT-PCdoB-PV Federation's main target was to approve an amendment by Representative Duarte Jr. to require that contracts involving elderly people be valid only with the physical signature of the interested party or through in-person appearance at agencies or facilities that are part of the National Financial System and the Brazilian payment system.