Review of the entire life of the INSS is approved by the STF by 6 votes to 5

The STF (Federal Supreme Court) decided to revise the entire life of the INSS (National Social Security Institute), in a close 6-5 vote, this Thursday (1).

The president of the court, Rosa Weber, minister Cármen Lúcia and ministers Edson Fachin, Alexandre de Moraes and Ricardo Lewandowski voted in favor of the revision.

They followed the assessment of the rapporteur of the process, the retired minister Marco Aurélio. He analyzed the issue before leaving the court and voted in the sense that the insured person is entitled to the calculation criterion that provides him with the highest possible monthly income, based on the history of contributions.

Ministers Luís Roberto Barroso, Gilmar Mendes, Luiz Fux, Dias Toffoli and Nunes Marques voted against the revision.

Nunes Marques, who voted in the session on Wednesday (30), claimed that the transition rule, which establishes the beginning of the period for calculating social security benefits in July 1994, is compatible with the Constitution.

According to him, its removal would create an anti-sononomic situation, as it would allow the coexistence of two calculation formats for policyholders affiliated before November 1999, when the questioned law was enacted.

Minister Alexandre Moraes, who disagreed with Nunes Marques, claimed that the transition rule benefits those who are already more favored and does not contribute to reducing inequality. According to him, without the review, those who earn more will benefit to the detriment of those most in need.

UNDERSTAND THE WHOLE LIFE REVIEW

In the action, retirees ask that all their contributions, including those made before the creation of the real, in 1994, be considered in the calculation of the average salary to increase social security income.

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.

WHO CAN BENEFIT FROM THE REVIEW

Lifetime review can only be applied to beneficiaries who fit the following requirements:

• Entered the formal job market (with a formal contract or contributing individually) before July 1994

• He made a considerable part of his highest contributions to the INSS until July 1994 and then concentrated payments on lower amounts

• Received the first retirement payment less than ten years ago (maximum period to exercise the right to review the benefit)

• Retired before the beginning of the pension reform, in November 2019