Action was proposed by the National Confederation of the Financial System, which questioned the state’s competence to legislate on the subject, arguing that such legislation should be the responsibility of the Union
O took a significant decision by invalidating a law in the state of Rio de Janeiro that forced banks to carry out INSS proof of life at home. The decision, which was unanimous among the ministers, took place in a session that ended on December 13th. The action was proposed by the National Confederation of the Financial System, which questioned the state’s competence to legislate on the subject, arguing that such legislation should be the responsibility of the Union.
The state law in question determined that financial institutions must provide home care to people over 60 years of age who prove that they are unable to travel to a branch to carry out proof of life. However, the STF, under the rapporteur of Minister Dias Toffoli, decided that the competence to issue general rules on social security, including proof of life, belongs to the Union, and not the states. All ministers followed the rapporteur’s vote, who highlighted the STF’s jurisprudence and warned of the unconstitutionality of state laws that differ from federal legislation.
Minister Toffoli emphasized that states and the Federal District must legislate on the social security system only in relation to their own public service, using federal laws as a basis. He highlighted that the STF’s decision reinforces the Union’s competence to legislate on general social security standards, ensuring uniformity in the rules applied throughout the national territory. With the decision, the Rio de Janeiro law was invalidated.
*With information from Aline Becketty
*Report produced with the help of AI
