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The 9th Panel of the Federal Regional Court of the 1st Region (TRF1) unanimously decided to maintain the suspension of discounts applied in the earnings of a retired servant of the Federal University of Acre (UFAC), and removes the obligation to return the amounts already paid as retirement.
TRF1’s decision was unanime/Photo: Reproduction
The decision was made in the judgment of appeal filed by UFAC against sentence that had recognized the right of the servant to maintain the full earnings. The university argued that it only complied with the Federal Court of Audit (TCU), which required the updating of the legal reasoning of various pensions, financially affecting thousands of servers. According to the institution, the review respected the legal procedures, with no decay, and the amounts paid unduly should be refunded to the treasury.
However, the rapporteur of the case, Federal Urban Judge Leal Berquó Neto, stressed that, although there was no decay of the right of administration to review administrative acts, the revision of UFAC violated fundamental principles of due process of law, not guaranteeing the server the right to broad defense and contradictory in administrative proceedings.
The magistrate also stressed that, even in the face of error in the application of the law, the presumption of good faith of the server, which receives values based on official acts of the Public Administration, should prevail, considered initially legitimate and legal.
Based on these grounds, the collegiate concluded that it is unfeasible to demand the return of the amounts already received and prohibited any reduction in the retired earnings, reinforcing the legal protection conferred to the servers in similar situations.
