The Federal Supreme Court (STF) rejected two appeals against the Court’s own decision that overturned the possibility of reviewing the entire life of pensions from the National Social Security Institute (INSS).
The virtual trial of the case began last week and ended this Friday (27). The score was 7 votes to 4 for the rejection of 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 resources.
The votes in favor of retirees were given by ministers Alexandre de Moraes, Dias Toffoli, Edson Fachin and André Mendonça.
Understand
In March 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 decision annulled another Court deliberation in favor of life review. The turnaround occurred because the ministers judged two actions of unconstitutionality against the Social Security Benefit Plans Law (Law 8,213/1991), and not the extraordinary appeal in which retirees gained the right to review.
When judging the 1999 social security rules 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 choose the calculation criterion that yielded the highest monthly value, and it was up to the retiree to assess whether the lifetime calculation could increase the benefit or not.
