Majority of the STF decides in favor of retirees and validates “lifelong review”

By six votes to five, the plenary of the Federal Supreme Court decided, this Thursday (1st), in favor of retirees and pensioners and validated the “whole life review”, which deals with changes in the rules for calculating social security benefits.

In March of this year, the action, which was in virtual plenary, had a score of 6 to 5 in favor of retirees. However, a prominent request from Minister Nunes Marques took the case to the physical plenary of the Court. When there is a highlight, the case restarts from scratch in the physical.

When the process began to be judged, the rapporteur, now retired minister Marco Aurélio Mello, had already voted in favor of the revision, that is, he had voted in favor of the retirees.

And a regimental change made by the Supreme Court allowed retired ministers’ votes to be maintained in a new trial. Therefore, Minister André Mendonça does not participate.

On Wednesday (30) Minister Nunes Marques resubmitted the vote, against the revision of the whole life. He claimed that the impact of the “lifetime review” for public coffers is estimated by the Ministry of Economy’s Social Security Secretariat at BRL 46.4 billion.

Nunes voted in favor of the INSS because he understands that the thesis should not succeed because he considers it to be a false premise that it would be more advantageous for the insured to consider calculating the entire contribution period, including before 1994.

This Thursday (1st), Minister Alexandre de Moraes voted with the rapporteur in favor of retirees. Edson Fachin, Cármen Lúcia, Ricardo Lewandowski and Rosa Weber followed Marco Aurélio.

Ministers Luís Roberto Barroso, Luiz Fux, Dias Toffoli, Gilmar Mendes followed Nunes Marques.

Thesis

The name adopted for the thesis refers to the main point questioned in the action by the retirees, which is based on Law No. 9,876 of 1999. The norm instituted the social security factor and presents a new calculation rule, gradually expanding the basis for calculating benefits , which became the highest contribution salaries corresponding to 80% of the entire contributory period of the insured person.

The new legislation, however, brought a transitional rule for those who already contributed to Social Security. The court would then decide whether those who retired after 1999 – the year in which there was a change in the way benefits were calculated – can request a review by including contributions made before July 1994 in the account.