INSS asks the STF for a new suspension of the lifetime review – 03/29/2023 – Market

The INSS (National Social Security Institute) once again asked the STF (Federal Supreme Court) to suspend lifelong review actions in court across the country. On February 13, the institute had made the same request.

The new request comes in response to Minister Alexandre de Moraes, who, after the first suspension request, gave the INSS ten days to present a payment schedule for the lifetime review, approved by the ministers in December 2022.

In the petition filed on Monday (27), the AGU (Attorney General of the Union), which represents the institute in court, claims that it is necessary for the STF to publish the judgment, with the final parameters for the body to be able to search the internal system and define who is entitled to review and determine payment, including expenditures in the Social Security budget.

Among the arguments used by the AGU are those that, without the final parameters, “there are no minimum elements that authorize a decision by the competent bodies on the subject”, even if it is only an estimate.

“In order to present a minimally feasible schedule, it is imperative that the judgment is published as soon as possible, so that its exact terms are known, which have a decisive impact on compliance”, says an excerpt from the petition.

In response, the IBDP (Brazilian Institute of Social Security Law), which participates in the process at the STF, presented a statement in which it points out to the Supreme Court the lack of compliance with the decision by the INSS and requests the non-suspension of the lawsuits.

“The one who determined the suspension of the lifetime review back there was the STJ [Superior Tribunal de Justiça], because the STF would judge the process. It has already judged, so it is correct that judges and courts that are removing the suspension, re-judge these actions”, says lawyer João Badari, from the IBDP.

For him, the INSS could have already made the calculations for payment of the review. “First, it is important to bring the fact that the INSS has all the systems available to comply with the decision.”

The process is now in the rapporteur’s office so that a decision can be defined and published.

Understand the whole life review

The whole life review is a lawsuit in which retirees ask for benefit correction to include contributions made before 1994 in the calculation of retirement benefits, benefiting those who had higher payments before the start of the Real Plan.

In the December judgment, by 6 votes to 5, the Supreme Court defined the following thesis: “The insured person who implemented the conditions for the social security benefit after the effectiveness of Law 9,876, of 11.26.1999, and before the validity of the new constitutional rules, introduced by EC 103/2019, has the right to opt for the definitive rule, if it is more favorable”.

At the time, the transition rule applied to INSS insured persons created two formulas for calculating the average salary used in calculating Social Security benefits.

According to the norms, those who were already insured with the INSS until November 26, 1999 would have their average salary calculated on the 80% highest contributions made from July 1994 onwards.

As for workers who started their contributions after November 27, 1999, the permanent rule established that the average salary would be calculated with the highest salaries of the entire contribution period.

Who is entitled to a lifetime review?

The insured person who retired in the last ten years is entitled to review, provided that it was before the Social Security reform, instituted by amendment 103, on November 13, 2019.

It is also necessary that the benefit has been granted based on the rules of Law 9,876, of 1999. In this case, the average salary calculated by the INSS to pay the retirement was made with the 80% highest salaries since July 1994, when the Plano Real became effective, leaving behind other values.

The correction pays off, however, for those who had high wages before the start of the Real Plan. Workers who earn less will not have an advantage. If they include old, low-value wages, they could reduce the pension they earn today.