STF maintains INSS death pension rule defined by the Social Security Reform

The majority of the ministers of the Federal Supreme Court (STF) voted for the validity of the constitutional change that changed the payment of death pension by the National Institute of Social Security (INSS). The trial took place in the virtual plenary and ended on Friday (23). The score was 8 votes to 2.

Ministers judged the constitutionality of article 23 of Constitutional Amendment 103 of 2019. The amendment established that the pension payment will be 50% of the retirement amount, plus 10% per dependent. The calculation was contested by the National Confederation of Salaried and Rural Salaried Workers (Contar).

The entity claimed that there was a disproportionate reduction in the pension for death. When analyzing the questions, most ministers followed the vote given by the rapporteur, Luís Roberto Barroso. For the minister, there is no unconstitutionality in the social security changes, informed the Agência do Brasil.

The understanding was followed by ministers Dias Toffoli, André Mendonça, Gilmar Mendes, Alexandre de Moraes, Cármen Lúcia, Luiz Fux and Nunes Marques. Minister Edson Fachin and the President of the Court, Minister Rosa Weber, disagreed and considered the change in the calculation rule unconstitutional.

“Finally, I do not see any offense against the principle of prohibition of social regression. The principle of prohibition of regression, which still arouses controversy in the doctrine, cannot be interpreted as a prohibition of any restrictive action by the legislator in matters of fundamental rights, under penalty of violating the democratic principle,” said Barroso.