Review of the whole life of the INSS is one vote of defeat in the STF – 06/10/2021 – Grana

The STF (Supreme Federal Court) maintained until this Thursday night (10) a majority of five votes to four against the constitutionality of the review of life.

In this lawsuit, INSS (National Social Security Institute) 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.

Following the vote of Minister Nunes Marques, Ministers Dias Toffoli, Roberto Barroso, Gilmar Mendes and Luiz Fux gave unfavorable opinions to the review.

The rapporteur, Minister Marco Aurélio, who presented a favorable position to the action, had been accompanied until the conclusion of this text by ministers Edson Fachin, Carmen Lúcia and Rosa Weber.

There are still two opinions to be presented, which are from ministers Ricardo Lewandowski and 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 forecast for the end of the trial is for this Friday (11).

In his vote, Nunes Marques defended the argument of the government of President Jair Bolsonaro (no party) that the review will result in an increase in spending of R$ 46 billion in ten years, which would pose a risk to public finances and the sustainability of the regime. social security.

The discussion about the lifetime review exists because the 1999 pension reform created two formulas for calculating the average salary on which pensions are calculated.

For those already insured by the INSS until November 26, 1999, the transition system defined that an average would be made on 80% of the highest contributions made from July 1994.

For workers who started their contributions from November 27, 1999, the permanent rule established the calculation of 80% of the highest payments since the beginning of contributions.

When comparing the two rules, the transitional rules affect workers who concentrated the largest social security contributions in their lifetime before the real came into effect as the country’s currency, in July 1994.

Therefore, retirees who had their incomes reduced by the transition system ask for a revision for the application of the permanent rule, whose text would allow the calculation of payments made during their entire professional life.

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