INSS requests national suspension of lifetime review – 02/13/2023 – Market

The INSS (National Social Security Institute) asked the STF (Federal Supreme Court) to suspend all lifelong review actions, until the decision becomes final, that is, until the final stage of the process, which occurs only after the publication of the decision and the presentation and analysis of any motion for clarification.

The request was filed by the AGU (Attorney General of the Union), which defends the body in court, this Monday (13).

Approved by the ministers of the Supreme Court on December 1st, this revision includes contributions made before 1994 in the calculation of retirement benefits and pensions, benefiting those who had higher contributions before the start of the Real Plan. The judgment had 6 votes in favor of retirees against 5 against.

According to lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), the process is not even in the embargo phase, which occurs after the publication of the ministers’ decision, called a judgment. “So far we have had the judgment and the publication of the minutes of the judgment only.”

Now, according to the expert, the INSS has asked to suspend the application of the effects of the decision, considering that many judges are already granting injunctive relief (an anticipation to start paying the review before the action ends). “We will await the manifestation of the STF regarding the INSS request”.

In the opinion of social security lawyer Rômulo Saraiva, a columnist for Folha, the INSS knows that it will not reverse the judgment, but it intends to at least curb immediate increases in benefits.

In the request submitted to the Supreme Court, the AGU says that requests for suspension have not been accepted by the courts, “including the imposition of a fine on the INSS”. Another argument is that there may still be modulation of the effects of the decision, a stage in which it is possible to limit the scope of the review, such as the period of arrears, for example.

The government also addressed issues of a practical nature, such as the need to adapt its systems, routines and processes and which involve remuneration “that could reach the 1970s (more than 50 years ago)”.

According to the AGU, the current systems do not allow the simulation or calculation of retirement considering salaries prior to July 1994. Salary data received before 1994, it states in its petition, are not validated and are subject to “enormous inconsistencies”.

Report by Sheet de Janeiro showed that the agency created the option “Revisão da Vida Toda” in its online service Meu INSS. At the time, the agency stated that it is still waiting for the publication of the judgment to identify what measures it will adopt in the revisions.