Ministers evaluate INSS appeal against Court decision that allowed recalculation of pensions based on contributions made throughout life
The STF (Federal Supreme Court) is expected to resume this Thursday (Feb 1, 2024) the trial that analyzes the application of the so-called “lifelong review” of pensions.
The ministers are analyzing an appeal from the INSS (National Social Security Institute) against a 2022 decision by the Supreme Court itself, which, at the time, allowed the recalculation of pensions based on contributions made throughout life.
The Court decided that social security contributions prior to the Real Plan, established in 1994, could be used to recalculate pension values. As a result, the benefit of some Brazilians would increase.
After the review was validated, the INSS filed an appeal to suspend its effects. Here is the full petition (PDF – 577 kB).
UNDERSTAND THE JUDGMENT
The appeal began to be judged in the Court in the virtual plenary – in this modality, the ministers cast their votes and there is no discussion on the topic.
The score was 4 to 3 to maintain the possibility of reviewing the benefit.
Here is the voting score:
- 4 votes to maintain the possibility of recalculation: Edson Fachin, Rosa Weber, Cármen Lúcia and Alexandre de Moraes (rapporteur);
- 3 votes against: Cristiano Zanin, Dias Toffoli and Roberto Barroso (president of the STF).
Ministers Edson Fachin, Rosa Weber and Cármen Lúcia voted to establish November 17, 2019 as the milestone for the recalculation. In other words, the possibility of review would be valid from the date, the day of the judgment at the STJ (Superior Court of Justice) that recognized the right to review for retirees.
Minister Alexandre de Moraes, rapporteur of the case, also voted for the possibility of review to be maintained. However, Moraes voted for the milestone for the recalculation to be from December 1, 2022, the date of the Supreme Court judgment that validated the “lifelong review”.
Ministers Cristiano Zanin, Dias Toffoli and Roberto Barroso voted to annul the STJ decision that allowed retirees who went to court to request the recalculation of the benefit based on all contributions. This way, the appeal would be returned to the STJ, which would have to make a new trial.
The votes of 4 ministers were still missing:
- André Mendonça;
- Gilmar Mendes;
- Luiz Fux; It is
- Nunes Marques.
However, Moraes asked for the trial to be highlighted, resetting the score and taking the case to be analyzed in the physical plenary of the Court, which should be done from this Thursday (1st.Feb). If they prefer, ministers can keep their votes.
REOPENING OF THE JUDICIARY YEAR
The STF will hold the Opening Session of the Judiciary Year 2024 this Thursday (Feb 1st), starting at 2pm.
In addition to the Court ministers, President Luiz Inácio Lula da Silva (PT) is expected to attend the ceremony; the Attorney General of the Republic, Paulo Gonet; and the president of the OAB (Brazilian Bar Association), Beto Simonetti.
After friction with the Supreme Court during 2023, the presence of the president of the Federal Senate Rodrigo Pacheco (PSD-MG) is uncertain.