The topic was voted on in a virtual plenary session from September 22nd to 29th and the understanding will be used to decide similar actions
Unanimously, the ministers of the STF (Supreme Federal Court) understood that the readjustment of earnings and pensions of federal public servants retired before 2008 is constitutional. According to the decision, the benefits paid by the INSS (National Social Security Institute) must be readjusted according to the RGPS index (General Social Security Regime).
A Law 11,784/2008 ensured adjustments to salaries and pensions granted to federal public employees and their dependents from 2008 onwards, but did not cover the previous period.
Minister Dias Toffoli, rapporteur of the case, confirmed a decision by the TRF-4 (Federal Regional Court of the 4th Region), which defended parity of review in the period prior to the law. Here’s the full vote (PDF – 110 kB).
In the decision, the TRF-4 argued that, as the adjustment was provided for in regulations from the Ministry of Social Security, the indices can be applied between the issuance of the act and the validity of the law.
The Union, however, filed an appeal stating that it was unfeasible to correct the benefits through the direct application of the ministry’s normative acts. He justified that, until the law was enacted, there was no rule setting the adjustment rates for retired federal public servants. He also argued that the Constitution prohibits the setting of adjustments by normative acts inferior to laws.
Toffoli understood that the Union’s argument used “to systematically refuse to readjust the salaries and pensions of federal public servants in the period prior to Law No. 11,784/2008, supports the repeated jurisprudence of the Federal Supreme Court”.
The topic was voted on in a virtual plenary session from September 22nd to 29th, a modality in which ministers only cast their votes in the system and there is no in-person discussion. Understanding will be used to decide similar actions.
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