STF resumes judgment today on review of the entire life of the INSS

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The Federal Supreme Court (STF) resumes this Thursday (1st) the judgment on the review of the entire life of pensions from the National Social Security Institute (INSS). The session is scheduled to start at 2pm.78f6aa3c98.jpgSTF-resumes-judgment-today-on-review-of-

The ministers will decide whether there will be changes to the Court’s own decision, which, in 2022, recognized the lifetime review and allowed retirees who went to court to request the recalculation of the benefit based on all contributions made throughout their lives.

Despite the decision, the review is still not applied due to an appeal from the INSS. The body filed an appeal to restrict the effects of the validity of the review.

The INSS wants to exclude the application of the review to already extinct social security benefits, court decisions that denied the right to review in accordance with the jurisprudence of the time and prohibition of payment of differences before April 13, 2023, the date on which the STF trial ruling was published.

Scoreboard

The last step in the process occurred on December 1st of last year, when Minister Alexandre de Moraes interrupted the trial of the appeal in the Court’s virtual plenary session. With the decision, the trial was suspended and will continue in person this Thursday.

So far, ministers Fachin, Rosa Weber (voted before retirement) and Cármen Lúcia have voted to establish December 17, 2019 as a milestone for the recalculation, the date on which the Superior Court of Justice (STJ) recognized the same right review to an INSS insured.

Ministers Cristiano Zanin, Dias Toffoli and Luís Roberto Barroso voted to annul the STJ’s decision.

Understand

The case judged by the STF deals with an appeal by the INSS against a decision by the STJ that guaranteed an insured person of the General Social Security Regime (RGPS) the possibility of reviewing the benefit based on contributions over the period prior to 1994.

During the process, associations that defend retirees requested that social security contributions made before July 1994 be taken into account when calculating benefits. These contributions stopped being considered as a result of the 1999 pension reform, whose transition rules excluded payments before the Real Plan from the account.

According to the entities, INSS policyholders had a reduction in their benefits due to the disregard of these contributions.

The article is in Portuguese
Tags: STF resumes judgment today review entire life INSS
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