One of the AGU’s main requests is for the Supreme Court’s decision not to be retroactive.| Photo: André Rodrigues/Archive/Gazeta do Povo

The Advocacy General of the Union (AGU) appealed to the Federal Supreme Court (STF) on the review of the entire life of pensions from the National Social Security Institute (INSS). In December, the plenary of the Court authorized the recalculation of the benefit to include contributions prior to the implementation of the Real Plan, in 1994.

The AGU requests that all legal proceedings related to the matter be suspended until the Supreme Court clarifies several points questioned by the Union, informed Agência Brasil. One of the AGU’s main requests is for the Supreme Court’s decision not to be retroactive.

In a note, the body stated that the effects of the ruling should apply only for the future, expressly excluding the possibility of: reviewing already extinct benefits; rescission of final and unappealable decisions; review and payment of settled benefit installments.

Another request from the Federal Government is for the Court to establish when the prescription of the right occurs, that is, from how long the beneficiaries lose the right to claim the recalculation of the retirement. The idea is to avoid demanding the payment of waste related to installments paid for decades.

Such measures would be necessary “to preserve legal certainty and due to the impact of the new general repercussion thesis on public accounts, as well as taking into account the limits of the administrative capacity of the INSS”, says the text of the motion for clarification presented by the AGU .

The petition also cites the administrative difficulties at the INSS to process the recalculation of who is entitled. This is because, according to the institute’s manifestation in the process, the current systems do not allow the insertion of values ​​prior to the Real Plan. To modify the programs, it will be necessary to make technological investments.