Public defender recommends that Caixa not require a court decision to unblock an account without fraud – 12/06/2023 – Panel
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The Federal Public Defender’s Office recommended that Caixa Econômica Federal refrain from demanding a court decision to unblock accounts in which the public bank has not found irregularities or signs of illicit financial operations.
The suggestion comes from the opening of a procedure to verify cases in which bank account holders, especially Bolsa Família beneficiaries and low-income people, complained that the institution blocked accounts on suspicion of fraud, but only reestablished access by means of a court decision, even after verifying that there was no illicit movement.
According to the complaints, the bank blocked accounts on the recommendation of the National Security and Fraud Centralization Office on suspicion of fraudulent activities, identified by movement patterns that would be associated with fraud or scam.
In the DPU processes, it was observed that, even after the fraud had not been confirmed, the account holders had their accounts blocked and unable to access the amounts deposited, under the allegation that a court decision would be necessary to unblock the account — the bank argues that there was no provision for the return or reimbursement of amounts arising from allegedly suspicious activities.
The body, however, says that in the research it carried out, it was not possible to identify which normative act would justify the requirement for a judicial decision to unblock and reverse the blocked amounts.
The DPU also recommended that holders be notified whenever there is any suspicion of fraud or suspicious activity that could lead to the account being blocked. “This notification must be sent in advance, in a clear and detailed manner, allowing holders to have knowledge and the opportunity to respond”, he adds.
The Public Defender’s Office requested information within 20 days about measures adopted based on the recommendations, informing the measures implemented or the reasons for not accepting the suggestion.
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