INSS asks the STF national suspension of lifetime review processes

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The INSS (National Social Security Institute) asked the STF (Federal Supreme Court) to suspend all lifelong review actions, until the decision becomes final, that is, until the final stage of the process, which occurs only after the publication of the decision and the presentation and analysis of any motion for clarification.

The request was filed by the AGU (Attorney General of the Union), which defends the body in court, this Monday (13).

Approved by the ministers of the Supreme Court on December 1st, this revision includes contributions made before 1994 in the calculation of retirement benefits and pensions, benefiting those who had greater contributions before the start of the Real Plan. The judgment had 6 votes in favor of retirees against 5 against.

According to lawyer Adriane Bramante, president of the IBDP (Brazilian Institute of Social Security Law), the process is not even in the embargo phase, which occurs after the publication of the ministers’ decision, called a judgment. “So far we’ve only had the trial and the publication of the minutes of the trial.”

Now, according to the expert, the INSS has asked to suspend the application of the effects of the decision, considering that many judges are already granting injunctive relief (an anticipation to start paying the review immediately, before the action ends). “We will await the manifestation of the STF regarding the INSS request”.

In the opinion of social security lawyer Rômulo Saraiva, columnist for Sheetthe INSS knows that it will not reverse the judgment, but at least intends to curb immediate increases in benefits.

In the request submitted to the Supreme Court, the AGU says that requests for suspension have not been accepted by the courts, “including the imposition of a fine on the INSS”. Another argument is that there may still be modulation of the effects of the decision, a stage in which it is possible to limit the scope of the review, such as the period of arrears, for example.

The government also addressed issues of a practical nature, such as the need to adapt its systems, routines and processes and which involve remuneration “that could reach the 1970s (more than 50 years ago)”.

According to the AGU, current systems do not allow the simulation or calculation of retirement considering salaries prior to July 1994. Salary data received before 1994 are not validated and are subject to “huge inconsistencies”, the petition states.

Report by Sheet de Janeiro showed that the agency created the option “Revisão da Vida Toda” in its online service Meu INSS. At the time, the agency stated that it is still waiting for the publication of the decision to identify what measures it will adopt in the revisions.

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