Virtual Plenary runs until Monday (18th) and the trial may still be suspended; If confirmed, the decision avoids an impact of R $ 89 billion to the Union coffers
Most of the Supreme Court (STF) (Supreme Court) decided, in the Virtual Plenary of the Court, to validate the application of the social security factor for benefits of insured members of the (General Social Security Regime) until December 16, 1998, when the Social Security reform was renovated.
The vote, which has been held in the virtual plenary since August 8, ends next Monday (18th) and, until then, the trial can be suspended. If confirmed, the decision avoids an impact on the estimated Union coffers (Budgetary Guidelines Law) of 2026 by R $ 89 billion.
The case, the, has general repercussion, which means that the decision will serve as the basis for similar situations in other instances of the judiciary.
The trial analyzes the constitutionality of the, which created the social security mechanism. The central issue of the process is to determine whether this device can be applied to people who joined the system before the enactment of the legislation.
Six of the 11 ministers understood that the social security factor may focus on insured benefits that joined the system before December 1998, when the mechanism did not exist yet.
Thus the rapporteur of the lawsuit, Minister Gilmar Mendes, and the ministers Alexandre de Moraes, Cristiano Zanin, Flávio Dino, André Mendonça and Luiz Fux.
The trial takes place in a digital environment, in which ministers record their positions without the need for face -to -face meeting for deliberation.
Until the end of the vote on Monday (18.ago), there is a possibility of suspension of the analysis if any minister requests prominence or view of the process.
If the vote is completed without interruption, the decision will be formalized, confirming the validity of the mechanism to all insured, regardless of the insured’s date of affiliation with the social security system.
The amount of R $ 89 billion represents the amount that the Union would fail to raise if the social security factor were considered inapplicable to insured prior to 1998.
