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Dr. José Roberto Covac says that false DCEBAS employees are demanding payment of debts owed to Brasil Telecom by institutions

Covac Sociedade de Advogados is warning philanthropic entities to be alert to calls from people pretending to be employees of DCEBAS – Department of Certification of Social Assistance Charitable Entities in Health. According to the firm's partner and specialist in Third sector, Dr. José Roberto Covac, “philanthropic institutions from different states and all regions of the country have received calls and emails from several people claiming to be DCEBAS employees, demanding Payment of outstanding debts with Brasil Telecom, which according to the scam must be carried out on the same day, under penalty of the entity being registered in active debt and having the debt canceled. CEBAS. The first reports about this possible scam emerged in September, but remain unresolved to this day”, denounces the lawyer.

For Dr. Covac, the scam goes even further when these people inform that the philanthropic entity is already taking a collection action in the 2nd Civil Court of Brasília. “The Department has already notified the Federal Police, the Ministry of Education (MEC) and the Ministry of Citizenship (MC), bodies also competent to grant the CEBAS and Covac is working with the Federations of Santas Casas and the Confederation of Santas Casas de Misericórdia, Hospitals and Philanthropic Entities (CMB), so that they can widely publicize what has been happening”, explains.

The lawyer also remembers that “the entities holding the CEBAS, as long as they meet the requirements defined by tax legislation, they will be able to enjoy exemption from social contributions levied on remuneration paid, due or credited in any capacity, during the month, to insured employees and independent workers who provide services and whose Certification is resulting in tax exemption. Therefore, there is no need to talk about debts, on the contrary, there is the possibility that the entity will stop paying federal taxes”.

José Roberto Covac

Dr. Covac still makes some reservations: “Debts that may arise in relation to any philanthropic entity fall under the responsibility of the Federal Revenue Service and only it, when it comes to certification, can urge the entities to reimburse the public coffers”. He explains that Brasil Telecom was dissolved in 2009 and that, although the company was incorporated into the Telemar/Embratel Group, it is not and has never been part of the certification process, and does not have the competence to act in this process. Furthermore, there is no legal basis that could grant this company charges that are based on matters related to certification.

The expert concludes that in cases of cancellation of the CEBAS, the Department sends a cancellation notification letter by post, with the Acknowledgment of Receipt (AR). Finally, it should be noted that they can only issue cancellations of CEBAS the two coordinations: CGCER – General Coordination of Certification of Charitable Entities of Social Assistance in Health and CGAGIC – General Coordination of Analysis and Management of Certification Information, and/or administrative support: DIGEX – Division of Management and Expedition of Certification Documents. 

About Covac Sociedade de Advogados 

With headquarters in São Paulo, Brasília and Rio de Janeiro, Covac – Sociedade de Advogados brings together a team of highly experienced lawyers, with excellent training and academic performance, who provide consultative and preventive law services, in addition to litigation, in a wide variety of specialties that range from Tax, Educational and Assistance Law, to Business, Labor, Administrative, Legislative and Consumer Law. Due to its specialization in the regulatory area of higher education, the office provides services in processes of acquisition, merger, sale, incorporation, legal audit and negotiation of educational institutions. The office also maintains an exclusive and extremely qualified team for representation in the Special Courts of Rio de Janeiro, Brasília and São Paulo. It was recently elected one of the most admired law firms in the country by the “Análise Advocacia 500” Yearbook. 

Source: segs.com.br

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