Judgment in STJ may reopen deadline for review of economic plans

The STJ (Superior Court of Justice) resumes, this Wednesday afternoon (6), the judgment of a special appeal that can benefit savers who had losses with economic plans between the late 1980s and early 1990s.

The review of the economic plans came to an end in March 2018, when the Federal Supreme Court (STF) approved an agreement between savers, banks and AGU (Advocacy-General of the Union) to replace the losses with the inflationary purges of the Bresser, Verão and Collor Plans. .

At the time they were published, the economic plans of several governments brought losses to those who had money invested in savings. The workers went to court, individually or collectively, and managed to close the case after 30 years of discussions.

The deadline to apply for a savings review was up to 20 years, according to legislation. For class actions, there was a limit of up to five years from the final judgment. All deadlines to go to court are closed. However, the saver can check if he is in a situation that guarantees the right to receive the money. Just go to the site pagodapoupanca.com.br.

The case under discussion at the STJ reached the court in 2015. The request is for the ministers to decide whether the collective action interrupts the statute of limitations in court, giving more time for the aggrieved citizen to claim their right.

The process began to be judged in June 2021, but was interrupted. Last week, it even entered the Superior Court’s agenda, but the trial was again postponed. Now, the ministers must return to the theme.

If there is a positive response, savers may benefit and those who did not file an individual action would have a new chance to claim the losses of the time.

The rapporteur minister of the case, Luis Felipe Salomão, understands that there is no right to reopen the deadline. Minister Herman Benjamin defended, in his vote, that, according to article 240 of the CPC (Civil Procedure Code), there is suspension of deadlines when a class action is opened.

In his vote, he states that this suspension would be valid for those who already had an individual action open that may have been dismissed based on the statute of limitations, or for ordinary citizens who did not go to the Judiciary, if they want to file the action. Minister Nancy Andrighi is also in favour.

The 2015 case is of a saver from Rio Grande Sul. She filed a lawsuit against the bank in 2009, but her right was denied because the Justice understood that the deadlines for requests for review of the losses from the inflationary purges had already expired at that time. The saver lost in the first and second instances and took the matter to the STJ.

This afternoon’s trial still lacks the votes of ten more ministers. The case can be concluded today or be interrupted, if a minister asks for a view. If there is a request for interruption, there is no date for a new trial.