The federal deputy (União Brasil – SP) filed a project to increase sanctions against those who ask that the employer not register an employment relationship to continue receiving the payment, but then take legal action demanding payment of funds for the time worked.
The project changes the (Consolidation of Labor Laws) to consider a litigant in bad faith to be anyone who files a lawsuit based on an employment relationship intentionally omitted with the purpose of obtaining or maintaining the social benefit.
It also proposes changes to the Bolsa Família Law to expand sanctions against . In addition to reimbursing the amount received as a beneficiary, the parliamentarian wants to prevent anyone who fails to work from being able to re-enter the program for a period of 24 months or for the period during which the fraud lasted, whichever is longer.
In the justification, Kataguiri states that the dependence on self-declaration, “although designed to simplify access for vulnerable populations, has been systematically exploited by individuals who act with the intention of defrauding it, which compromises the integrity of the system”.
The parliamentarian also argues that the intentional omission of the registration of the work card would be the link between social fraud and subsequent procedural abuse. “By requesting judicial recognition of the employment relationship and the payment of retroactive funds such as termination fines, FGTS and INSS payments, the claimant seeks to transform the period of social fraud into time of legitimate formal work”, he says.
Kataguiri states that his intention is to improve the Bolsa Família law to expressly establish that the intentional omission of income or any employment relationship, formal or informal, is fraud, “under penalty of full reimbursement of the amounts unduly received to the treasury and the impediment of re-entry into the program for at least 24 months, without prejudice to applicable criminal and civil sanctions”.
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