The Brazilian Supreme Court (STF) will resume on the 20th of this month the trial of two appeals against the Court’s decision that overturned the possibility of reviewing the entire life of pensions from the National Institute of Social Security (INSS). The case will be judged by the virtual plenary between the 20th and 27th of September.
The decision allowing the trial to resume was issued last week by Justice Alexandre de Moraes. The Justice canceled the request made last month to suspend the virtual trial and begin deliberation in the physical plenary.
Before the suspension, four ministers spoke out 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, Cristiano Zanin, Flávio Dino and Cármen Lúcia voted in the same direction and denied the appeals. Among the arguments presented, the entities defended that the review be guaranteed for those who had legal proceedings in court. Lower courts of the Judiciary have already guaranteed the right to review.
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 according to the most beneficial calculation.
