Decision maintains amounts received by beneficiaries until April 2024 and waives the return of resources to public coffers
The majority of the STF (Federal Supreme Court), for 6 votes to 2invalidate the thesis of a “lifelong review” of INSS (National Social Security Institute) pensions. The decision was taken in the virtual plenary. As a result, beneficiaries who received amounts determined by court orders until April 2024 will return the money to the public coffers.
The rapporteur, Minister Alexandre de Moraes, adjusted his opinion to the Supreme Court’s most recent position. He was accompanied by Cristiano Zanin, Gilmar Mendes, Cármen Lúcia, Nunes Marques and retired minister Roberto Barroso.
Minister André Mendonça, as well as retired minister Rosa Weber, who had already voted before leaving office.
The decision establishes that collections of amounts received by beneficiaries due to court decisions, whether provisional or definitive, issued until April 5, 2024, date of publication of the minutes of judgment, are prohibited.
The trial in the virtual plenary of the STF will end on November 25, 2025, when the decision on the topic will be consolidated.
Change of understanding
In 2022, the STF the “whole life review” mechanism. Two years later, the Supreme the understanding by considering that the constitutionality of the rule makes it impossible for the beneficiary to opt for the most favorable regime.
The change in the STF’s position occurred after INSS beneficiaries filed lawsuits. Many obtained favorable decisions in the 1st Instance, based on the Court’s previous understanding. With the new decision, policyholders are restricted to the rules of the social security factor, without the right to choose.
In March 2024, the Supreme Court overturned the very understanding that authorized the “whole life review” in a turnaround on the matter. At the time, the majority reached in 2022 was reversed, when the plenary composition was different from the current one.
With this, the STF gave victory to the Union, and removed the right of retirees to choose the calculation that provided the greatest benefit: with or without contributions prior to 1994, when the Real Plan was implemented. These portions had been excluded from the calculation with the 1999 Social Security reform.
