05/24/2024 – 15:09
The Federal Supreme Court (STF) published this Friday, the 24th, the ruling that annulled a 2022 decision on the so-called “lifelong review” of the INSS, which had given victory to retirees. This opens up a period of five working days for submitting appeals to the Court.
The Institute of Social Security Studies (Ieprev) will appeal, according to the report. The main argument of the entity, which acted in the process as amicus curie, is that the financial impact presented by the Union (R$480 billion) with the pension review was greatly overestimated. Furthermore, the institute will ask the STF to guarantee the right to recalculation for the 102,971 people who had ongoing processes at the time of the decision, taken in March this year.
“Our highest probability estimate, modal, for the total present value to be spent on the whole life review (RVT) was R$3.1 billion over 10 years. That is, just 0.6% of the total value reported by the National Treasury Secretariat (STN) in the 2024 LDO as the value referring to the RVT. Supposedly, in 10 years”, concludes a technical note prepared by professors from FGV and Insper that will be attached to the process along with Insper’s appeal.
In the trial held in March, 7 of the 11 Supreme Court justices understood that the insured cannot opt for the rule that is most favorable to them when calculating retirement. The result was completely opposite to the decision on the “lifelong review”, handed down in 2022. At that time, the ministers authorized the inclusion of salaries prior to 1994 to calculate the average benefit.
The annulment of the “whole life review” occurred indirectly, through a process that discussed the law that established the social security factor. This same law established the transition rule according to which only contributions after July 1994 would be counted towards the benefit. When judging this constitutional rule, the ministers said that compliance with it is mandatory. Therefore, there is no longer any possibility of opting for the “whole life review”.
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