Lawyers ask for suspension of life review judgment – 06/11/2021 – Grana

This Friday (11), Ieprev (Institute of Social Security Studies) sent a petition to the rapporteur of the judgment of the review of life at the STF (Supreme Federal Court), Minister Marco Aurélio, who requests the presentation of economic studies that prove the impact that the decision in favor of policyholders could have on the Union, the main argument of the ministers who have been against the review so far.

The lawyers are asking that the trial be suspended and that, along with the technical note that was sent to the ministers, a study by the Ministry of Economy be presented to prove the amounts shown to impact the public coffers. According to the government, the review would consume around R$ 46 million in ten years.

“You cannot judge a thesis of a legal nature based on economic assumptions, and moreover, these assumptions must be properly demonstrated with an economic argument from the Ministry of Economy to be analyzed by the Court”, says Roberto de Carvalho Santos, president of Ieprev .

“Since the economic argument is being used by ministers not to grant the lifetime review, we want to know exactly what the value is and that this be demonstrated in the process, which has not yet been done. They only presented a technical note” , says Santos.

When contacted, the STF advisory did not respond if the petition will be accepted by the rapporteur and the judgment will be suspended.

Tie

Until this Friday afternoon, the life review judgment is tied at the STF with five votes in favor and five against. In this lawsuit, INSS retirees claim the right to recalculate their benefits with the inclusion in the composition of the average salary of social security contributions made before July 1994.

The vote of the rapporteur, Minister Marco Aurélio, who presented a favorable position to the action, is accompanied by ministers Edson Fachin, Carmen Lúcia, Rosa Weber and Ricardo Lewandowski.

Meanwhile, led by minister Kássio Nunes Marques, Dias Toffoli, Roberto Barroso, Gilmar Mendes and Luiz Fux voted against the review. There is still the vote of minister Alexandre de Moraes.

The judgment takes place in the virtual plenary, in which the ministers present their positions through the Supreme Court’s website. The precision is that the final decision comes out this Friday (11).

The result will only be known now if the suspension request made by Ieprev is accepted.

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