The Minas Gerais judiciary has convicted two financial institutions for their involvement in a fraud scheme that led to unauthorized deductions from a retiree’s social security benefits.
The ruling, issued on April 5, 2026, mandates Banco Mercantil do Brasil S.A. and Mercado Pago Instituição de Pagamento Ltda. to compensate the victim for moral damages and to refund, in double, the amounts improperly deducted from her account.
The case began when the INSS beneficiary noticed unauthorized deductions on her bank statement in January 2023. These deductions were linked to three payroll loan contracts she claims never to have requested, as well as charges associated with credit cards.
The transactions, totaling approximately R$ 13,000, were initially linked to Banco Safra S.A., but the amounts were eventually credited to an account at Mercado Pago, which the retiree did not recognize. Before seeking legal action, the victim attempted to resolve the issue directly with the institutions, without success, and filed a police report.
The lawsuit started in the Small Claims Court but was transferred to the common court due to the complexity of the facts. During the proceedings, an agreement was reached with Banco Safra, which canceled the fraudulent contracts and paid R$ 6,000 in compensation to the retiree.
The involvement of Safra in the origin of the fraud was not fully clarified in the records, while responsibility fell on Banco Mercantil for allowing deductions from the benefit without valid contract proof, and on Mercado Pago for security failures that enabled the illicit movement of funds on its platform.
Judge Fernando Fulgêncio Felicíssimo, who presided over the decision, based the ruling on the Consumer Defense Code, which establishes the objective responsibility of financial institutions for failures in their services. He highlighted the severe impact of withdrawing essential funds from an elderly person, as well as the emotional distress faced by the victim in attempting to recover her money.
Thus, Banco Mercantil and Mercado Pago were jointly ordered to refund R$ 3,428.48, an amount corresponding to double the unauthorized deductions, and to pay an additional R$ 6,000 as compensation for moral damages.
Details of the case were reported by the portal Metrópoles, which followed the developments of the judicial decision. The fraud exposes vulnerabilities in the payroll loan system, often targeted by scams against INSS retirees and pensioners, and underscores the need for stricter verification of contracts and protection of beneficiaries’ data.
The financial and emotional impact on the victim, who had part of her income compromised without consent, highlights the challenges faced by the elderly in combating abusive practices in the financial sector.
Original published at O Cafezinho.