Rapporteur determined the definitive closure of the subject in the STF in his vote; Judgment runs until Friday (21.FEV)
The Supreme Court Minister Nunes Marques voted to reject this Friday (14.FEV.2025) the appeal against the decision of the plenary that overturned the thesis of the whole life of benefits of the (National Institute of Social Security). . Ice A (PDF – 179 KB).
The discussion is one of the most relevant to the union by the billionaire impact. The 2024 LDO (Budgetary Guidelines Law (LDO) estimated R $ 480 billion If the revision of the whole lifetime was accepted by the Supreme Court. Alternative studies, however, that the cost would be R $ 1.5 billion.
To date, Marques (rapporteur) vote has been followed by Minister Alexandre de Moraes. The analysis in a virtual plenary began this Friday (14.FEV) and runs until next Friday (21.FEV).
In March 2024, the Court that provided for the recalculation of INSS beneficiaries. The decision, in practice, barred new lawsuits to obtain this recalculation.
Marques also determined in his vote the immediate res judicata of the action, that is, the impossibility of additional appeals and the definitive closure of the subject in the Supreme.
“From the foregoing, I reject the embargoes of declaration opposed by the National Confederation of Metallurgical Workers and determine the immediate certification of the final judgment of the judgment first, dated 31 March 2024 ″said in the vote.
The embargoes is the (national confederation of metallurgical workers) in the process, that seeks to regain the possibility of retirees recalculate the benefits.
Twist
In March 2024, the Supreme Court overturned its own understanding that authorized the revision of a lifetime in a turnaround on the subject. At the time, the majority reached in 2022, when the plenary composition was different from the current one.
With this, the Supreme Court gave victory to the Union, and withdrew the right of retirees to choose the calculation that provided the highest benefit: with or without contributions prior to 1994, when the Real Plan was implemented. These installments had been excluded from the calculation with the 1999 Social Security Reform.
CNTM argued, among other points, that the Supreme could not have changed an understanding that had been achieved on the same subject, shortly before.
Marques pushed the argument away. Stated that “It is not to lend immutability to a decision, whether monocratic or collegiate, which has been opposed to the new understanding of the full”.
Payments
In his vote, Marques assured, however, that retirees who received payments related to the recalculation of their pensions by April 5, 2024 need not return the amounts. This was the date on which the decision that overturned the right to review was published.
This is because, in this specific case, the beneficiaries received the amounts of good faith, after gains from court causes obtained based on the previous understanding of the Supreme Court, which authorized the transfers.
The minister warned that “Any success will not be able to reap the INSS in the face of insured or successors, referring to amounts received to the highest date of April 5, 2024 due to court decisions favorable to the ‘revision of the whole life’”.
With information from.
