Life review trial postponed again
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New date has not yet been confirmed
The Federal Supreme Court (STF) postponed once again this Wednesday (20) the resumption of the trial on the lifetime review of pensions from the National Social Security Institute (INSS).
The process that deals with the issue was on today’s trial agenda, but was not called. The session was dedicated to judging cases that deal with combating fires in the Pantanal. The new date has not yet been confirmed.
The Court will decide whether there will be changes to the court’s own decision, which, in 2022, recognized the lifetime review and allowed retirees who went to court to request the recalculation of the benefit based on all contributions made throughout their lives.
Despite the decision, the review is still not applied due to an appeal from the INSS. The body wants to restrict the effects of the validity of the review.
The INSS wants to exclude the application of the review to already extinct social security benefits, court decisions that denied the right to review in accordance with the jurisprudence of the time and prohibition of payment of differences before April 13, 2023, the date on which the STF trial ruling was published.
The last step in the process occurred on December 1st of last year, when Minister Alexandre de Moraes interrupted the trial of the appeal in the Court’s virtual plenary session. With the decision, the trial was suspended and will continue in person.
To date, ministers Edson Fachin, Rosa Weber, who voted before retiring, and Cármen Lúcia have voted to establish December 17, 2019 as a milestone for the recalculation, the date on which the Superior Court of Justice (STJ) recognized the same right of review to an INSS insured.
Ministers Cristiano Zanin, Dias Toffoli and Luís Roberto Barroso voted to annul the STJ’s decision.
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