The Minister had requested that the cases that overturned the thesis be highlighted in the trial, which would lead to the issue being discussed in the Court’s physical plenary session
Minister Alexandre de Moraes, of the STF (Supreme Federal Court) cancelled the request for prominence made at the end of August in 2 appeals regarding the review of the entire life of the INSS (National Institute of Social Security). The date for resuming the trial in a virtual plenary session is yet to be defined.
The collegiate body virtually analyzes 2 declaratory appeals (appeals to clarify points of the decision) in the ADI’s (Direct Actions of Unconstitutionality) 2.110 and 2.111which overturned the thesis, in March 2024.
In March 2024, the STF changed its understanding on the subject and decided to validate sections of the Social Security Benefits Law, the main point of which is the so-called social security factor.
The formula is used to increase the retirement value according to the contribution time. The change was created in article 3 of the Law 9,827 of 1999 and overturned 20 years later by the Pension Reform. With the validation of the rule, the decision that made it possible to review the entire life of retirements was compromised, which went against the interests of retirees, who, with the review, could increase the amounts received from retirement.
The appeals sought to make the STF reconsider its position or ensure payment of the correction for those who already have a lawsuit in court.
With Moraes’ request cancelled, the votes previously cast by 4 ministers remain in place: Nunes Marques (rapporteur), Flávio Dino, Cristiano Zanin and Cármen Lúcia.
The magistrates voted against accepting the appealsin the sense that the current understanding should be maintained. The ministers understand that the review is not valid, because the social security factor is constitutional and must be applied in its entirety in the calculation of pensions.
The request for a highlight is a tool that allows the transfer of cases from the virtual plenary to the physical one, requiring an in-person debate and vote. In addition, it resets the judgment score.
UNDERSTAND
The request made by the appeals is that the STF reconsider the understanding of 2022 on the subject, when the Court established that it was possible to apply the most advantageous rule for calculating the retirement benefits of workers who joined the RGPS (General Social Security Regime) before 1999.
This way, beneficiaries could choose which rule best applies to their respective situation. The 2 rules discussed are:
- general rule: retirement is based on the 36 highest salaries in the 48 months before the beneficiary retires;
- transitional rule: retirement takes into account 80% of contributions made throughout life since July 1994.
One of the appeals was filed by Ieprev (the Institute of Social Security Studies), which disputes the government’s calculations that there would be an impact of around R$480 billion until all benefits were eliminated. The other was filed by CNTM (the National Confederation of Metalworkers). Both were denied by the reporting minister.
To the Poder360at the time of the March trial, lawyer João Badari, who represents Ieprev, said that the STF decision “put an end to it” to the rights of retirees.
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