Discussion of the theme will continue until next Friday (13) and it is expected that the ministers will give a final response to the case
The (STF) resumes this Friday (6) the judgment on the revision of the whole life of, scheduled to start at 11am in the virtual plenary. The process, identified as theme 1,102, will continue to analyze until next Friday (13). This review is a lawsuit of retirees seeking to include contributions made before the Real Plan in the calculation of their pensions. The STF ministers have a period of one week to register their votes, without conducting face -to -face debates. Theme 1,102 is what originated the discussion about the revision of the whole life, in contrast to the direct actions of unconstitutionality (ADIs) which, in March 2024, barred the possibility of revision. The controversy focuses on the interpretation of article 29 of Law 8.213/91, which would allow the sum of all contributions in a beneficial way for retirees.
However, the ministers have already decided that the 1999 Social Security Reform Transition Rule is constitutional and must be applied. The STF is expected to maintain the position not to return the amounts already paid to retirees, although the approval of any correction is considered unlikely. The revision of the whole lifetime was taken to the Superior Court of Justice (STJ) in 2015 and received approval in 2019. The case arrived at the STF in 2020 and, after several interruptions and trials, the thesis was rejected in March 2024. In September of the same year, the STF reaffirmed that retirees are not entitled to review, and in April 2025, decided that those who have already received the amounts do not have to refund them to the amounts INSS.
*Report produced with the aid of AI
Posted by Luisa Dos Santos
