STF has a score of 4 to 1 to maintain the disability retirement calculation rule

The Federal Supreme Court (STF) has four votes to maintain the criteria for calculating monthly retirement income due to permanent disability (former disability retirement) created in the 2019 Pension Reform.

The trial had resumed this Friday, 24th, in the virtual plenary, but was suspended by the President of the Court, Edson Fachin, who will take the case for debate in the in-person plenary.

So far, there are four votes to maintain the calculation that establishes that the minimum value of the benefit will be 60% of the worker’s average salary, with an increase of 2 percentage points for each year of contribution that exceeds 20 years.

Minister Luís Roberto Barroso, rapporteur, voted to validate the criteria, but only in cases where the inability to work occurs after the promulgation of the reform, on November 12, 2019. If the incapacity was found before that date, the criteria prior to the reform apply. He was accompanied by ministers Alexandre de Moraes, Gilmar Mendes and Cristiano Zanin.

Minister Flávio Dino opened a disagreement and argued that the rule is unconstitutional. For the minister, the rule “disregards the hierarchy of social protection” by establishing a lower benefit for permanent incapacity than for sickness benefit. According to your vote, all permanent disability benefits that have been granted at a value lower than the sickness benefit must be reviewed within 12 months.

The action is judged with general repercussion – that is, the result must be followed in all actions that discuss the topic in lower courts.