For the Court, it is up to the Union to enact laws on social security, and not the States
The plenary session of the STF (Supreme Federal Court) invalidated the law of the State of Rio de Janeiro that required banks to provide proof of life at home, or in another indicated location, of people linked to the RGPS (General Social Security Regime).
The decision was taken unanimously in the virtual session concluded on December 13, in the ADI (Direct Action of Unconstitutionality) trial.
The action was proposed by Consif (National Confederation of the Financial System) against state law. According to the rule, financial institutions should serve people over 60 years of age who prove, by medical certificate, the impossibility of attending the agency to register or receive benefits from the INSS (National Institute of Social Service).
The plenary followed the vote of the rapporteur, minister Dias Toffoli, for whom it is the Union’s responsibility to issue general rules on social security, such as carrying out proof of life for beneficiaries to avoid social security fraud. According to Toffoli, federal law already addresses the matter, and it is not up to the States to regulate the issue.
Toffoli cited STF jurisprudence on the unconstitutionality of state laws on social security benefits that differ from the parameters of federal legislation. He also noted that the States and the Federal District are only responsible for legislating on the social security system of their own public service, using federal standards as a reference.
With information from the Federal Supreme Court.
