INSS: minister asks for review and interrupts trial at the STF – 03/21/2023 – Market

Minister Ricardo Lewandowski asked for a review of the process that discusses the constitutionality of the rules of the Social Security reform that established a minimum age for special retirement by the INSS (National Social Security Institute), paralyzing the decision of the STF (Federal Supreme Court) on the case.

ADI (Direct Action of Unconstitutionality) 6,309 began to be judged in the virtual plenary of the Supreme Court last Friday (17). The trial would have ended this Friday (24), but it was paralyzed with this request and will only start walking again when Lewandowiski returns the action with his vote. The minister is due to retire in May of this year.

The request for review is usually made so that the magistrate can better analyze the issue before making a decision.

The action also discusses the end of the conversion of special time in common and the point rule in the transition period of the reform for those who were already in the labor market when the new INSS rules came into effect in November 2019.

Lewandowski had also requested a view of 12 other ADIs on the reform, which began to be judged in September 2022. Barroso is also the rapporteur for these processes.

The action was proposed by the CNTI (National Confederation of Industry Workers) in February 2020. The confederation defends the unconstitutionality of the rules that determined the minimum age for special retirement, minimum score in the transition of the reform and end of the conversion of special time in common .

For the confederation, the new norm, which came into effect on November 13, 2019, violates the Constitution, as it ends the purpose of this type of benefit, to prevent the professional who works in an activity that is harmful to health from suffering damages as a result of the exposure to the noxious agent for a longer time than he can withstand.

According to the lawyer representing the CNTI, Fernando Gonçalves Dias, now, there is a period of up to 90 days for Lewandowiski to return the process. He had already said that, if the constitutionality of the rule is approved, this could be an “extinct” retirement, since people will not be able to reach the norms to achieve it.

“It will be an extinct retirement, you can say that, although it exists in the law. What will happen is that these people who would be entitled to special retirement will either end up getting sick and retiring due to disability or will receive assistance due to disability or will still wait even ordinary retirement.”

Until now, there was only the vote of the rapporteur, Minister Luís Roberto Barroso, who recognized the new special retirement rules as constitutional. In his report, he pointed out concerns about public spending due to the greater life expectancy of the population and considered that the Social Security reform follows similar rules valid throughout the world.

“The establishment of a minimum age to enter into inactivity early –that is, before the time required of workers in general– is not exclusive to Brazil. Quite the reverse: this has already been a reality in several countries for a long time, with a global trend that special retirement regimes become more and more exceptional or even disappear”, said the minister.

HOW IS THE SPECIAL RETIREMENT OF THE INSS

Until the Social Security reform, special retirement was granted to workers with 15, 20 or 25 years of exposure in unhealthy areas, with no minimum age to apply. After the reform, there is a minimum age for those who entered the labor market after November 2019. Those who are already active have a transition rule, with a minimum score.

The reform changed the calculation of this benefit —and the others—, implemented a minimum age for INSS retirements and ended the conversion into common time for activity carried out after the reform, which, before, guaranteed a bonus in the contribution period for those who did not he had worked the whole period in special activity.

MINIMUM AGE FOR SPECIAL RETIREMENT AFTER RETIREMENT

This rule is valid for policyholders who entered the labor market after publication of the Social Security reform. The others, who were already contributing to Social Security, can retire under the transition rules, which have a minimum score.

Special time required to retire	Minimum age
15 years	55 years
20 years	58 years old
25 years	60 years

MINIMUM POINT RULE IN SPECIAL RETIREMENT

For those who were already in the job market, there are transition rules by points. In this case, it is necessary to add the contribution time with age.

66 points
For activities that require 15 years of effective exposure

76 points
For activities that require 20 years of effective exposure

86 points
For activities that require 25 years of effective exposure

The Judgment at the Supreme Court

The virtual plenary of the STF (Federal Supreme Court) discusses whether the pension reform is constitutional. The changes in the INSS (National Social Security Institute) rules came into effect almost three years ago, on November 13, 2019.

With one vote for constitutionality and one dissenting vote, the trial is tied and was stopped after a request for review. In all, 12 ADIs (Direct Actions of Unconstitutionality) were condensed into a single judgment.