STF schedules judgment on INSS “lifelong review” for March 20

The Federal Supreme Court (STF) scheduled the judgment of an appeal against the Court’s decision that authorized the so-called “lifelong review” of retirement from the National Social Security Institute (INSS) for March 20th. In December 2022, the STF plenary authorized the recalculation of the benefit to include contributions prior to the implementation of the Real Plan, in 1994.

The determination affects those who started receiving retirement between November 1999 and November 12, 2019 and have contributions prior to July 1994. At the time, the STF understood that the beneficiary can opt for the calculation criterion that yields the highest monthly amount, depending on for the retiree to evaluate whether or not the whole-life calculation can increase the benefit.

Now, the ministers are analyzing the declaration embargoes presented by the INSS. 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. The appeal began to be analyzed last year in the Court’s virtual plenary session.

However, Minister Alexandre de Moraes, rapporteur of the case, presented a request for prominence. As a result, the process must be resumed from scratch in the physical plenary of the Supreme Court. 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 2019 ruling of the Superior Court of Justice (STJ), favorable to workers.