STF again judges INSS all life revision

THE Supreme Federal Court (STF) Resumes this Friday (14) the trial that deals with the revision of the whole life of retirement National Institute of Social Security (INSS). The case analysis will start at 11am, in the virtual plenary of the Court.

Ministers will appeal to clarify the decision, which in March last year overthrew the thesis favorable to the revision of the benefits.

At the time, the Supreme Court reviewed his own understanding that authorized the revision of his entire lifetime of retirement. By 7 votes to 4, the ministers have decided that retirees have no right to choose the most favorable rule for recalculation of the benefit.

Participate in Live

In today’s virtual session, the ministers will judge an appeal presented by the National Confederation of Metallurgical Workers (CNTM), one of the entities that are part of the process.

The entity claims that the Court has changed its own understanding of the issue and calls for the exclusion of the prohibition of retirees who filed a revision actions in March 21, 2024, in which the Supreme Court set that the revision of the whole life has no validity. .

The change of understanding occurred because the ministers judged the two unconstitutionality actions, not the extraordinary appeal in which the retirees gained the right to revision.

By judging constitutional social security rules of 1999, most ministers understood that the transition rule is mandatory and cannot be optional to retirees according to the most beneficial calculation.

The virtual deliberation runs until the 21st of this month.

AGU

In an opinion sent to the Supreme Court, the Attorney General of the Union (AGU) defended the rejection of the appeal because it understood that there is no illegality in the decision.

For the agency, the appeal seeks to reverse the decision of the Court that prevents the revision of the benefits, as it cannot be made through the declaration embargoes, type of appeal used.

“It is worth noting that the accounting data presented records information provided by technical bodies of the Federal Government, especially by the National Institute of Social Security (INSS) and special secretariats of the Ministries of Finance and Social Security about the significant financial impact on public coffers and Also, the administrative-operational impact that would result from the eventual reception of the claim of the embargo ”, justified the agency.

Understand the case

In 2022, when the Supreme Court had another plenary composition, the revision of the whole life was recognized and that they allowed retirees who came to court could request the recalculation of the benefit based on all contributions made throughout life.

The Supreme Court acknowledged that the beneficiary can opt for the calculation criterion that income the highest monthly amount, and the retired is responsible for assessing whether or not the calculation of life can increase the benefit.

According to the understanding, the transition rule made by the 1999 Social Security Reform, which excluded contributions preceding July 1994, when the Real Plan was implemented, it can be disadvantaged if disadvantageous to the insured.

Retirees asked the social security contributions made before July 1994 to be considered in calculating the benefits. These contributions stopped being considered as a result of the 1999 Social Security Reform, whose transition rules excluded from the account the payments before the Real Plan.