Moraes suspends judgment on INSS “lifelong review”

Federal Supreme Court (STF) minister Alexandre de Moraes called for prominence and suspended the judgment on the so-called “lifelong review” of pensions paid by the National Social Security Institute (INSS). The Court analyzed the motions for clarification filed by the INSS in the virtual plenary. With the request for prominence, the case will be restarted from scratch in the physical plenary.

In the virtual plenary, ministers just cast their votes in the system and there is no discussion on the topic. Moraes, who is the case’s rapporteur, interrupted the trial this Friday (1st). In this case, the Court must define whether a time limit will be established for the STF’s decision, from December last year, which recognized the adjustment for retirees.

The decision affects those who started receiving the benefit between November 1999 and November 12, 2019 and have contributions prior to July 1994. The STF recognized that the beneficiary can choose the calculation criterion that yields the highest monthly amount, which is up to the retiree. assess whether or not the whole-life calculation can increase the benefit. The Supreme Court endorsed the decision of the 1st Section of the Superior Court of Justice (STF), from 2019, in favor of the “whole life review”.

Undefined score

Before the interruption, the score was four votes to modulate the effects of the decision and three in favor of the INSS request to annul the STJ ruling. For Moraes, the Supreme Court’s decision that authorized the recalculation of payments should not be retroactive and does not cover extinct benefits and installments already paid. The time frame defended by the rapporteur is December 1, 2022, when the trial was held in the Court.

Minister Rosa Weber anticipated her vote before retiring and disagreed with the rapporteur. She argued that the effects of the STF’s 2022 decision should be set on December 17, 2019, when the STJ recognized the right to a “whole life review”. Ministers Edson Fachin and Cármen Lúcia followed Rosa Weber’s vote.

Minister Cristiano Zanin opened another line of disagreement. He pointed out that modulation is necessary, however, he considered that the case should return to the STJ to be judged again. Zanin understood that the STJ did not follow the voting quorum determined by article 97 of the Constitution for a law to be declared unconstitutional, as the ruling was made by a panel of the court and not by the full collegiate. Ministers Luís Roberto Barroso, president of the STF, and Dias Toffoli followed Zanin’s understanding.

Proceedings on “lifetime review” have been suspended

In July of this year, Moraes responded to a request from the INSS and suspended the processing of all processes that deal with the “whole life review” until the embargoes for declaration presented by the municipality are analyzed. After the interruption this Friday (1st), there is still no scheduled date for analyzing the embargoes in the physical plenary of the Court.

In the new trial, only votes from retired ministers will be used, the other magistrates will be able to change their understanding. The INSS requests the suspension of the processes and the annulment of the ruling that recognized the right to a “whole life review”. If this is not met, the authority defends the modulation of the rule so that the recalculation cannot apply to extinguished benefits, final and unappealable decisions and installments already paid.