INSS: Justice releases R$27 billion to retirees – 12/27/2023 – Market

The Federal Court released R$27.2 billion to pay INSS (National Social Security Institute) retirees and pensioners who won actions to grant or review the benefit in the Judiciary.

The amount will pay off the RPVs (Small Value Requests) of up to 60 minimum wages released by the judge in November and the court orders that were no longer paid during the Bolsonaro government.

Of the total, R$2.2 billion will be allocated to RPVs owed to 132,054 beneficiaries who won 101,684 cases, and R$25 billion will be allocated to social security court orders.

The total value of court orders is R$93.14 billion, according to the National Treasury, of which R$88 billion goes to the CJF (Federal Justice Council).

The court orders from the INSS—and other creditors of the Union—were delayed due to constitutional amendments 113 and 114, issued by the previous administration to have money and pay for the Auxílio Brasil of R$600 in an election year.

The release of the amounts occurs after the STF (Supreme Federal Court) responds to the Union’s request to regularize the debt stock. The money leaves the federal government’s coffers and goes to the CJF, which distributes it to the TRFs (Federal Regional Court).

The amount is expected to be deposited into creditors’ accounts by the end of this week. Therefore, it should be available for withdrawal in January 2024. The exact date, however, depends on the schedule of each TRF responsible for the process.

At TRF-3 (Federal Regional Court of the 3rd Region), where cases involving policyholders from São Paulo and Mato Grosso do Sul are being processed, payments made by the CJF in “are in the process of being updated in the systems/internet, for subsequent communication to the courts” , the agency reported this Tuesday (26).

“Processing must be completed by Friday (29/12), so that, from January 2nd, the values ​​will probably be available”, says the court.

The difference between RPV and precatório is the value of the case. Arrears totaling up to 60 minimum wages, which amounts to R$79,200 this year, are paid within two months after the amounts are released by the judge. On average, each month, amounts between R$1.5 billion and R$2 billion are released to pay INSS policyholders.

Court orders are delayed above 60 minimum wages. In this case, payment is made only once a year. In 2023, the money has already been released. Now, what will be paid is the amount not previously paid.

HOW DO I KNOW IF I WILL RECEIVE IT?

Consultation of the precatório or RPV is made with the lawyer in the case or on the TRF website responsible for the process. It is possible to consult the creditor’s CPF number, the lawyer’s registration with the OAB or the court case number.

To find out whether the delay is a court order or an RPV, you need to check what is written in the “Procedure” field. If PRC appears, it means that the debt exceeds 60 minimum wages and is a precatory payment. If it says RPV, it is a delay of up to 60 salaries.

Furthermore, the debt must have been final and unappealable, meaning there is no possibility of appeal.

This month, the RPVs fined in November are being paid. This means that it was sometime in November that the judge in the case gave the payment order to release the amount and put an end to the debt once and for all.

WHEN WILL PAYMENT BE

Payment depends on the date on which the federal courts receive the money from the CJF and the opening of accounts, a stage called processing, which can last up to a week. When processing is complete, the credit is made to a public bank in the name of the beneficiary, whether the insured or their lawyer. It can be at Caixa Econômica Federal or Banco do Brasil.

See how much RPV will be paid in each region of the Federal Court

TRF of the 1st Region (DF, MG, GO, TO, MT, BA, PI, MA, PA, AM, AC, RR, RO and AP)

• General: R$ 1,155,836,414.24
• Social Security/Assistance: R$ 1,001,568,581.86 (48,714 processes, with 57,664 beneficiaries)

TRF of the 2nd Region (RJ and ES)

• General: R$ 197,336,807.05
• Social Security/Assistance: R$ 161,293,836.00 (7,185 processes, with 9,968 beneficiaries)

TRF of the 3rd Region (SP and MS)

• General: R$ 358,765,672.42
• Social Security/Assistance: R$ 280,507,613.85 (9,109 processes, with 11,760 beneficiaries)

TRF of the 4th Region (RS, PR and SC)

• General: R$ 485,011,038.13
• Social Security/Assistance: R$ 417,985,673.18 (21,173 processes, with 28,007 beneficiaries)

TRF of the 5th Region (PE, CE, AL, SE, RN and PB)

• General: R$ 369,620,918.92
• Social Security/Assistance: R$ 313,808,177.74 (15,503 processes, with 24,655 beneficiaries)