The crime of fraud against the card via INSS benefit impunity
Keywords:
Swindling, National Institute of Social Insurance (INSS), Undue Benefit Receipt.Abstract
This article is about swindling, a crime continuously committed by the people, since it does not represent a serious threat or physical violence; it is in the Brazilian Penal Code, art. 171. The penalty shall be increased (paragraph 3), if the crime is committed in detriment of the National Institute of Social Insurance (INSS), the most affected entity for paying various benefits, such as the retirement pension. In most cases, the procedures arrive when people have already been receiving the undue benefit after the death of their relatives or friends, and the authorities that should carry out a prompt inspection, do not have conditions for it. There are several consequences, such as the limitation (the State cannot punish them anymore), whose term starts from each fraudulent withdrawal. Thus, this governmental agency and the registry offices should be charged more strictly as to permit the judge to do justice since the only thing he can do is to follow his country’s laws.Downloads
Published
Issue
Section
License
COPYRIGHT
The submission of originals to Direito & Justiça implies the transfer by the authors of the right for publication. Authors retain copyright and grant the journal right of first publication. If the authors wish to include the same data into another publication, they must cite Direito & Justiça as the site of original publication.
CREATIVE COMMONS LICENSE
As this journal is open access, the articles are allowed free use in scientific and educational applications, with citation of the source.
According to the type of Creative Commons License (CC-BY 4.0) adopted by Direito & Justiça, the user must respect the requirements below.
You are free to:
Share — copy and redistribute the material in any medium or format.
Adapt — remix, transform, and build upon the material for any purpose, even commercially.
However, only under the following terms:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests Direito & Justiça endorses you or your use.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
For more details on the Creative Commons license, please follow the link in the footer of this website.