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STF validates two retirements in cumulative positions

The plenary of the Federal Supreme Court (STF) decided to validate the accumulation of retirements and pensions in the cases allowed by the Constitution. By the decision, taken on December 16 of this year, in constitutionally accumulative cases, the prohibition of accumulating benefits does not apply. STF validates two retirements in cumulative positions

The judged case involves the widow of a doctor, who died in 1994 and held public office in the Ministries of the Army and Health. For eight years, the widow received the two pensions, but had the payment cut by a decision of the Federal Court of Auditors (TCU) in 2022. Then, the benefits were reactivated by the Justice of Santa Catarina, but the payment returned to questioned by the Union in the STF.

When judging the case, the ministers, meeting in a virtual plenary, followed the vote given by the rapporteur, Minister Dias Toffoli, for whom the Constitution allows the accumulation of two positions of health professionals.

With the end of the judgment, a thesis was established that should be applied in similar processes that are being processed in the Judiciary:

“In the case of constitutionally cumulative positions, it is inappropriate to apply the ban on accumulating retirements and pensions contained in the final part of article 11 of Constitutional Amendment 20/98, as it is intended only for the cases it deals with, that is, re-entry into the public service by means of a public tender before the publication of said amendment and involving non-cumulable positions”.

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