The in-person session of the Federal Supreme Court (STF) this Thursday, 1st, is on the agenda for the trial of the whole life reviewwhich allows retirees from the National Social Security Institute (INSS) to use all of their social security contributions to calculate benefits.
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A year ago, the STF decided, by majority, for the constitutionality of life review. This allowed retirees to request the inclusion of higher salaries received before 1994 in the benefit calculation.
The score was 6 to 5, when judging an appeal by the Attorney General’s Office (AGU), in defense of the INSS, against a decision by the Superior Court of Justice (STJ) which ruled on the insured’s right to choose the most beneficial rule for your retirement.
With the decision, AGU once again appealed, with the aim of limiting the effects of the STF’s decision and the scope of the payment and trying to annul the STJ’s decision that considered the review constitutional.
Seven STF ministers have already voted in the lifelong review process
So far, seven STF ministers have voted in the AGU’s appeal against the whole life review. The trial will resume at 4pm, after the opening ceremony of the 2024 proceedings.
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The trial, which was taking place in the Court’s virtual plenary session, was suspended at the request of Minister Alexandre de Moraes, rapporteur of the case, who took the case to the plenary.
Moraes voted to set a time frame to allow retirees to choose the most favorable retirement rule. For the minister, the reference is December 1, 2022, when the STF judged the merits of the action.
Rosa Weber, who retired in October, considered that the time frame is December 17, 2019, when the STJ confirmed the right to correction for retirees. Edson Fachin and Cármen Lúcia followed this understanding.
Already Cristiano Zanin voted in favor of the INSS claim to annul the STJ ruling, because, in his understanding, there was an omission in the vote of Ricardo Lewandowski — whom Zanin replaced — by not observing what Article 97 of the Constitution says. If the STJ’s decision is not annulled, he suggests December 13, 2022, when the minutes of the judgment on the merits were published as a time frame. Luís Roberto Barroso and Dias Toffoli followed Zanin’s vote.
Ministers Gilmar Mendes, Luiz Fux, Nunes Marques and André Mendonça have not yet voted. With the trial in person, ministers vote again and may even change their position.
Check the requirements for the lifetime review
The whole-life review is a correction to the retirement value intended for those who received higher salaries before July 1994. See other requirements:
- Have entered the formal job market (with a formal contract or contributing individually) before July 1994;
- Having made a considerable part of your highest contributions to the INSS until July 1994 and, afterwards, concentrated payments on lower amounts;
- Have received the first retirement payment less than ten years ago (maximum period to exercise the right to review the benefit);
- Have retired before the start of the last pension reform, in November 2019;
- Have obtained the granting of the benefit based on the rules of Law 9,876, of 1999.