Minister restarted the trial in virtual mode this Thursday (20.FEV); 4 ministers had already voted to reject the revision of a lifetime
Minister Dias Toffoli, of the (Supreme Federal Court), requested prominence on Thursday (20.FEV.2025) in the judgment in virtual plenary of 2 appeals on the revision of life. The request zeroes the voting initiated and takes the case to be analyzed in physical plenary, when the ministers read their votes and discuss their arguments.
Until the moment of Toffoli’s highlight, 4 ministers had voted. Alexandre de Moraes, Cristiano Zanin and Flávio Dino followed the rapporteur. Nunes Marques stops and keep the STF’s position to deny the possibility of revising a lifetime.
In 2024, the STF plenary changed its understanding of the mechanism and overthrew the thesis of the revision of the whole life and the calculation was as follows:
- INSS beneficiaries before 1999: The transition rule will be used, which considers 80% of the highest salaries throughout life, except for salaries prior to July 1994;
- INSS beneficiaries after 1999: The value of retirement is calculated by means of the simple average of salaries of all contributions.
The embargoes is the and (National Confederation of Metallurgical Workers) In the process, which seeks to recover the possibility of retirees from (National Institute of Social Security) recalculate the benefits of a life of social security contributions. The confederation is contrary to the change of understanding already signed by the Court.
There is no date for the new trial yet, which is one of the most relevant to the union by the billionaire impact. The 2024 LDO (Budgetary Guidelines Law) estimated an impact of R $ 480 billion if the entire life revision were accepted by the Supreme Court. Alternative studies, however, that the cost would be $ 1.5 billion.
Vote of the rapporteur
Before being restarted, Marques said in his vote, however, that retirees who received payments related to the recalculation of their pensions by April 5, 2024 need not return the amounts.
It also determined the immediate res judicata of the action, that is, the impossibility of additional appeals and the definitive closure of the subject in the Supreme. In the next analysis, in physical plenary, he may or may not rectify his understanding.
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.
