STF resumes judgment of the INSS lifetime review

The STF (Federal Supreme Court) resumed, this Wednesday afternoon (30), the trial of the lifetime review of the INSS (National Social Security Institute).

In the review, retirees ask that all contributions be considered in the calculation of the average salary, which is the basis of the benefit, including those paid in other currencies, prior to July 1994.

The subject was judged by the virtual plenary of the STF in March of this year and had six votes in favor and five against the revision, but Minister Nunes Marques asked for more time for analysis, 30 minutes before the deadline.

Nunes Marques’ maneuver, contrary to the theme, would do what if it were judged again, this time in the physical plenary, starting from scratch. A new report would be made by the minister appointed by President Jair Bolsonaro (PL) to the court, André Mendonça, substitute for Marco Aurélio.

In June, however, a new decision by the STF brought changes. The plenary decided that the votes of retired ministers presented in cases in the virtual plenary should be maintained in a new trial. In this case, the vote of Marco Aurélio, retired in July of this year, must be maintained.

“This process has a peculiarity. The rapporteur has already retired, so we will not have a reading of the report,” said the president of the court, Rosa Weber, this afternoon. She read the report and adjourned the session, for the ministers’ submissions to be made after the break.

They are on the list of oral arguments: Miguel Cabrera Kauam, federal attorney general, who represents the INSS. Lawyer Gisele Lemos Kravchychyn and lawyer Diego Monteiro Cherulli, from IBDP (Brazilian Institute of Social Security Law), João Osvaldo Badari Zinsly Rodrigues, representative of Ieprev (Institute of Social Security Studies) and Luís Fernando Silva, representative of Fenasps (National Federation of Trade Unions) of INSS Workers), in addition to Antônio Augusto Brandão de Aras, Attorney General of the Republic.

As it has recognized general repercussions, what is decided by the Supreme Court will be used as a reference for all other actions in court. When the decision is taken on theme 1.102, the stocks that were stopped will also start moving again.

The insured person who retired in the last ten years is entitled to review, as long as it is before the 2019 pension reform.

The trial had already been scheduled for last Wednesday (30), but it was postponed.

UNDERSTAND THE CORRECTION

The 1999 Social Security reform created two calculation formulas for the average salary (which is the basis of the benefit amount):

1. Transition rule: For those who were already insured with the INSS until November 26, 1999

2. Permanent rule: For those who started contributing to the INSS from November 27, 1999

With this, those who were already Social Security insured and concentrated their largest payments at the beginning of their professional life, before the creation of the Real Plan, were harmed.

With the review of their entire lives, retirees who started contributing to Social Security up to November 26, 1999 want the same rule to be applied to them as the group that started collecting from November 27 of that year.