Brazilian Supreme Court Justice Alexandre de Moraes requested a review and suspended the judgment on the INSS's (National Institute of Social Security) lifetime review, a topic that could guarantee a recalculation of retirement benefits for thousands of insured individuals across the country. The interruption occurred after Justice Dias Toffoli presented a favorable vote on granting the right in specific cases.
With the request for review, Moraes will have up to 90 days to return the case to the virtual plenary. He may also request a separate hearing, bringing the discussion to an in-person trial at the Supreme Court.
The analysis takes place in the case related to the social security factor, but it also served as the basis for the Supreme Federal Court to overturn the lifetime review in 2024.
In the opinion presented before the suspension, Toffoli argued that retirees who filed lawsuits between December 16, 2019, and April 5, 2024, are entitled to a review. This period corresponds to the interval between the STJ's favorable decision and the Supreme Court's subsequent change of understanding.
According to Toffoli, previous decisions by the Superior Court of Justice (STJ) and the Supreme Federal Court (STF) themselves created a legitimate expectation among policyholders, which would justify protecting retirees who sought justice while the argument was still accepted.
The minister stated that there had been a "breach of trust" after the Court changed its understanding of the issue.
This position differs from that of the case's rapporteur, Minister Kassio Nunes Marques, who voted against the request. According to him, the appeals presented merely repeat arguments already analyzed and rejected previously by the Supreme Federal Court (STF).
Until the request for review, the ministers Cármen Lúcia, Cristiano Zanin, and Alexandre de Moraes were supporting the rapporteur.
Social security institute defends legal certainty.
In a statement to Folha de São PauloLawyer João Badari, from Ieprev (Institute of Social Security Studies), stated that the request for review occurred after a statement presented by the institute to the Supreme Court.
Ieprev argues that the Supreme Federal Court (STF) must preserve the legal security of retirees who relied on previous decisions favorable to the lifetime review of their benefits.
According to Badari, the financial impact would be less than that calculated by the Attorney General's Office. While the Attorney General's Office estimates a cost of R$ 46 billion, the institute points to an impact of around R$ 3 billion over ten years.
What is the whole life review?
The "life-long review" is a legal action in which retirees from the INSS (Brazilian National Social Security Institute) request to include contributions made before July 1994, a period prior to the Real Plan, in the calculation of their retirement benefits.
In many cases, these contributions could increase the value of the benefit.
The thesis was approved by the Supreme Federal Court (STF) in 2022, but was overturned in 2024, when the Court decided that the transitional rule of the 1999 pension reform is mandatory and prevents the insured from choosing the most advantageous calculation.
The Brazilian Supreme Court (STF) ruled that retirees who had already obtained a court-ordered review of their pension will not have to return the amounts received.
It was also decided that policyholders with ongoing lawsuits up to April 5, 2024, will not have to pay court costs, attorney fees, or expert witness fees.
Lawyers warn of scams.
Experts warn retirees about scams involving the "life-long review" of their pension benefits. According to social security lawyers, fake professionals have been falsely claiming that the Supreme Court has resumed automatically releasing payments.
The recommendation is that policyholders seek out only specialized lawyers or official channels before providing personal data or making payments related to the matter.
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