STF minister stated that those who have already received the values will not have to return the money; The trial resumed this Friday (14) and runs until 21/2 in Virtual Plenary
The Minister of the Federal Supreme Court () has decided that it will not be necessary to retroactively return the amounts related to the revision of the life of the. This decision applies to people who have already received funds through lawsuits, even if the thesis that supported this return was overturned. The rule only applies to those who received payments until April 5, 2024. The Supreme Court is currently analyzing a second appeal that disputes the previous decision that invalidated the thesis.
In 2022, the STF plenary had declared the constitutionality of the “revision of the whole life”, allowing contributions made to the INSS before July 1994 to be included in the calculation of pensions. However, this decision has not yet been implemented due to an appeal that is pending analysis by the federal government. During the vote, Nunes Marques expressed his dissatisfaction with the attempt to delay the process and voted for the rejection of the appeal, which establishes the res judicata of the matter. He stressed that other ministers have already spoken in favor of not demanding the return of amounts received in good faith, considering these amounts as food funds.
The discussion about the review of the INSS lifetime continues to generate debates in the legal scope, especially in relation to the rights of beneficiaries. The STF’s decision may impact a significant number of retirees seeking to guarantee their social security rights. The analysis of the second appeal is expected to bring more clarity on the application of the review and its financial implications to the policyholders.
*Report produced with the aid of AI
Posted by Fernando Dias
