Responsible for the “mother inquiry” of the Operation Without Discount, which aims at the connection of servers of the National Institute of Social Security (INSS) with a billionaire scheme of fraud against retirees, the prosecutor Hebert Mesquita considers remote the prospect of using resources blocked from associations and leaders of the municipality linked to the Ministry of Social Security to reimburse the victims of undue discounts.
“It is a shame for the country. All this was avoidable, all this has been warned, it was all shown. It is possible that many creditors do not see this money, if it depends on the compensation of criminals,” he said in an interview with the Estadão. According to him, the funds diverted from the retirees will hardly be achieved by the inquiry, since, as soon as it entered the accounts, the diverted money was drawn and pulverized, which makes it difficult to sequest to assets. “The coffers of these people are all emptied.”
I will quickly explain the operation of the operation. The mother investigation is with me at the 15th Federal Court of the Federal District. It concerns the administrative core, the INSS servers. The focus is corruption, money laundering and other crimes involving public agents. In addition to this main investigation, several others were instituted in Brazil, focusing on the entities. We did not arrive, in the beginning of the investigation, to prove that all entities paid bribes to the administrative core. What we realized is that some characters, linked to one or some entities, probably paid bribes. This made the operation sliced. An inquiry was established for each entity, all depending on where this entity is headquartered. This operation (Wednesday) was about Conafer, which is headquartered in Brasilia. This investigation is out of my assignment. What this mother inquiry will do is provide subsidies for the knowledge of each of these cases, how was the broad context of INSS discounts.
There are two investigations with me. This mother and another investigation that is about Contag (National Confederation of Rural Workers Farming and Family Farmers). The mother investigation came from the following. These complaints began to multiply in 2024. This has had repercussions on the media and, until then, the provocations of the prosecutor with the INSS, with non -criminal bias, but of collective guardianship, had no effect. The INSS was chanceing that those agreements were valid and a lawful system. Then came that technical work of the Comptroller General of the Union, which was the proof that the discounts were being undue. And then, last year, the investigation of these cases began. The financial intelligence reports requested from the Coaf (Financial Activities Control Council) were the starting point. Coaf began to show financial movements of people linked to representatives of these entities, and companies linked to relatives of INSS servers. The then Minister Lupi did not appear in this relationship.
We need to divide the elements in relation to Stefanutto. The elements even the outbreak of the operation and whatever appears from evidence from the analysis of these searches. Until that search, the elements convinced the judge to authorize searches and other measures. Once the searches are done, comes the work of analyzing the seized material. Mobile, computer, comes the breach of bank secrecy. All this part should or not from the analysis of these searches that have been done by the Federal Police.
We are working on the mother inquiry with the hypotheses of money laundering, criminal organization, corruption. And, in the unfolded surveys, with the hypotheses of article 313-A (electronic embezzlement), without prejudice to a specific criminal organization in that entity and money laundering.
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The problem is that, as in most of these investigated entities there were people with criminal thinking and attitude, these resources will hardly be achieved by the kidnapping of assets that was defined by the vast majority of judges. The money that came in was withdrawn and was beginning to be sprayed. What the prosecutor wants is that there is compensation, but carefully. In law, there is a maxim that says that those who pay poorly pays twice. It is not coming and leaving money. The hurry in reimbursement brings your risk. And another, the reimbursement in a criminal action is the final phase, definitively confirmed the conviction. How old are these people? We wanted to take all the goods of the people, but the coffers are emptied because the money came in and left. It is a very big pity that this is happening. It is a shame for the country. It was all avoidable, all this was warned, it was shown. It is possible that many creditors do not see this money if it depends on the compensation of criminals.
