The Supreme Federal Court (STF) resumed this Friday (20) the trial of 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 being judged by the virtual plenary.
So far, the voting score is 5 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 and Gilmar Mendes voted in the same direction and denied the appeals.
Among the arguments presented, the entities defended that the review should be guaranteed for those who had legal proceedings in court. Lower courts of the Judiciary have already guaranteed the right to review.
In today’s session, Minister Alexandre de Moraes voted in favor of retirees and recognized that the STF has already decided to validate the review of the entire life.
Understand
In March of this year, the Supreme Court ruled that retirees do not have the right to opt for the most favorable rule for recalculating their benefits. 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.
