Começo por assinalar que a PREVI, notadamente a partir do célebre acordo de 1997, transformou-se no exemplo mais edificante da deformação do sistema de previdência complementar.
Preenche integralmente os três tipos negativos de gestão: má gestão, gestão temerária e gestão fraudulenta. Descumpre fundamentos técnicos básicos do sistema financeiro de capitalização que adotou a partir de 1980, lesando os aposentados.
Confira-se o que acabo de afirmar.
Alguns exemplos de má gestão/gestão temerária/gestão fraudulenta: elevação de 2%, para 5% da taxa de administração a partir do acordo de 24.12.97, onerando desnecessariamente os participantes, para pagar o aumento da remuneração dos dirigentes da Previ, eleitos e nomeados; não devolução intencional das contribuições patronais aos pedevistas; omissão ante os atos ilegais do Diretor Fiscal, que dilapidaram o patrimônio do Plano 1, para dar dinheiro ao Banco, do que são exemplos: a implantação da paridade contributiva; a omissão criminosa frente as tão ilegais quanto fraudulentas modificações estatutárias feitas a golpes de cúpula pelo interventor da Previ em 2002, a exemplo da que extinguiu o Corpo Social, transferindo suas atribuições para o Conselho Deliberativo e dando ao Banco o controle absoluto desse Conselho; a transformação da Previ, a partir da gestão Sergio Rosa, em uma máquina de gerar superávit, para capitalizar o Banco, começando com a tentativa de não reajustar os benefícios pelo IGP-DI, seguida pela substituição desse indexador pelo INPC, e pela adoção de avaliação pelo critério de valor econômico das ações com direito à participação no mando, não negociadas em bolsa; a adoção da prática de celebrar acordos e plebiscito sem validade jurídica, para encobrir as decisões do Conselho Deliberativo que aprovaram a reversão de valores em favor do Banco, como conditio sine qua para a criação do renda certa e do BET; os investimentos mal planejados, ou sem planejamento, ou feitos por conveniências políticas, com prejuízos de bilhões ao patrimônio do Plano 1, sem que os responsáveis, incluídos nossos “representantes”, sejam punidos. São exemplos o Hospital Umberto Primo, o Costa de Sauípe, o Parque Temático de Aparecida, a compra de ações do BB por preço de cerca de 50% acima do mercado; pagamento de salários milionários aos dirigentes da Previ, eleitos e nomeados, incluindo outras vantagens como esmolão, e aposentadorias integrais, sem contribuição correspondente e até sem pagar contribuições aos “estatutários”, começando pela diretoria do Banco, e pelos dirigentes da Previ e da Cassi, eleitos e nomeados. Tudo à margem da lei e até contra a lei.
Acrescente-se a tudo isso a imposição lesiva aos aposentados, que é a cobrança de contribuições. Sim. Porque, tecnicamente, no regime financeiro de capitalização, o participante, enquanto ativo, verte contribuições acima do necessário para que a parte excedente seja capitalizada e destinada a formar a reserva técnica garantidora do pagamento de seu benefício Por esse motivo, no regime financeiro de capitalização o participante deixa de contribuir a partir da data em que se aposenta. Sim. Porque a reserva garantidora do pagamento de seu benefício já está constituída.
Finalmente, mas não por último, o legislador considera como anomalia a ocorrência de déficits ou superávits por mais de 3 anos consecutivos.
Se há déficits a causa pode ser má gestão, gestão temerária, ou gestão fraudulenta.. Apura-se a causa e se efetua a revisão do plano para sanar o mal.
Se há superávit, a causa pode estar em contribuições excessivas ou na subestimação do valor dos benefícios. Apura-se a causa e se efetua a revisão do plano.
Na hipótese de superávit, com reserva especial, a revisão do Plano deve corrigir a causa e criar benefício especial transitório, em separado do valor do benefício, até a absorção do total da reserva existente. A hipótese de “melhoria de benefícios” não pode ser adotada porque a melhoria se incorpora ao valor do benefício e se torna permanente.
Na definição magistral do especialista Sergio de Andrea, o Patrocinador não tem direito de participar da utilização da reserva especial porque além da isenção fiscal, repassa a terceiros o valor de sua contribuição. É patrocinador, e não beneficiário; beneficiários são os participantes e assistidos.
Para terminar, vale lembrar que as grandes transformações da história foram motivadas por causas econômicas e contra formas de espoliação. A Magna Carta da Inglaterra, que acabou com o absolutismo do rei João Sem Terra, foi um movimento dos proprietários de terra. A Revolução Francesa, que aprovou a primeira Declaração Universal dos Direitos do Homem, foi uma reação do povo contra os impostos escorchantes e a excessiva pompa perdulária da monarquia; a guerra de independência dos Estados Unidos foi contra o imposto do chá cobrado pela Coroa Britânica; a Inconfidência Mineira foi contra a derrama, do imposto dos quintos sobre o ouro extraído da minas.
Falta a revolta contra o confisco descarado do patrimônio do Plano 1.
Mas, esta não virá, enquanto a massa for mantida a distância da gestão do fundo, e continuar mal informada, por isto mesmo alienada em relação ao confisco que lhe é imposto. E os colaboradores da Corte, subornados pelo rei, continuarem se servindo das benesses como prêmio por sua traição.
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