The majority of ministers of the Federal Supreme Court (STF) rejected this Friday (20) two appeals against the Court’s own decision that overturned the possibility of reviewing the entire life of pensions from the National Institute of Social Security (INSS). The case is judged by the virtual plenary.
The voting result is 7 votes to 1 in favor of rejecting the appeals presented by the Institute of Social Security Studies (Ieprev) and the National Confederation of Metalworkers (CNTM).
In addition to the rapporteur, Minister Nunes Marques, Ministers Cristiano Zanin, Flávio Dino, Cármen Lúcia, Gilmar Mendes, Luiz Fux and Luís Roberto Barroso voted to deny the appeals.
The only vote in favor of retirees was cast by Minister Alexandre de Moraes, who acknowledged that the STF had already decided to validate the review of the entire life. Three votes are missing.
The virtual trial will conclude on Friday (27).
Understand
In March of this year, the Supreme Court decided that retirees do not have the right to opt for the most favorable rule for recalculating the benefit. The ruling was 7 votes to 4.
The decision overturned another ruling by the Court in favor of reviewing the entire life plan. The reversal occurred because the justices ruled on two unconstitutionality actions against the Social Security Benefit Plans Law (Law 8,213/1991), and not the extraordinary appeal in which retirees won the right to review.
When ruling that the 1999 social security rules were constitutional, the majority of ministers understood that the transition rule is mandatory and cannot be optional for retirees.
Before the new decision, the beneficiary could opt for the calculation criterion that yields the highest monthly amount, with the retiree being responsible for assessing whether the lifetime calculation could increase the benefit or not.
