Supreme Court Justice Dias Toffoli has submitted a vote to guarantee the so-called "life-long review" for retirees of the INSS (National Institute of Social Security) who filed lawsuits between December 16, 2019, and April 5, 2024.
The period mentioned corresponds to the interval between the approval of the thesis in the Superior Court of Justice (STJ) and its subsequent overturning by the Supreme Federal Court (STF) itself. The position was presented in the virtual trial of Action 2.111, which deals with the social security factor and ended up being responsible for making the review unfeasible about two years ago.
Divergence in the STF
In his vote, Toffoli disagreed with the case's rapporteur, Minister Kassio Nunes Marques, who maintains a position against the review. The new understanding also marks a change from Toffoli's own position in 2024, when he voted against the thesis.
This time, the minister argues that it is necessary to preserve the rights of those who resorted to the courts based on previous favorable decisions. According to him, there was a "breach of institutional trust," since decisions by the Superior Court of Justice (STJ) and the Supreme Federal Court (STF) itself—which validated the review in 2022—created a legitimate expectation among retirees.
According to Toffoli, the change in understanding could have a direct impact on vulnerable people who have organized their financial lives considering the possibility of a review of their benefits.
The rapporteur maintains the opposing position.
The rapporteur, Kassio Nunes Marques, rejected the request presented in the appeal, arguing that it attempts to overturn a decision already consolidated by the Supreme Court. According to the minister, there are no new elements that justify a re-analysis of the issue, only a repetition of arguments already rejected previously by the Court.
Nunes Marques' vote was supported by ministers Cármen Lúcia, Alexandre de Moraes, and Cristiano Zanin, who also opposed the review. Furthermore, the rapporteur determined that the case was final and unappealable, which, in practice, ends the possibility of further appeals and authorizes the definitive dismissal of the action.
Impact and legal certainty
According to lawyer João Badari, from the Institute of Social Security Studies (Ieprev), Toffoli's vote reinforces the principle of legal certainty and would not represent a significant loss to public funds.
"There are many people who weren't entitled to it and filed the lawsuit. Many people, often due to calculation errors, with amounts that wouldn't increase the benefit. These are exceptions who truly have the right," he stated.
According to him, since the proposal limits the scope of the review to a specific period and only to those who are actually entitled to it, the financial impact would be reduced, contradicting the government's arguments.
Understanding the lifetime review
The "life-long review" is a legal action brought by retirees seeking to include contributions made before the Real Plan, including those made in previous currencies, in the calculation of their benefits.
The issue has seen back-and-forth discussions in the Supreme Federal Court (STF). In 2022, the Court recognized the right to review, but in March 2024, when judging cases related to the social security factor, it ended up invalidating the argument. In November 2025, by a vote of 8 to 3, the Supreme Court consolidated its decision against the review.
Despite this, the current trial addresses specific situations, especially those of retirees who already had favorable rulings or ongoing cases during the period when the argument was accepted.
The virtual trial will remain open until Friday the 8th, when this stage will be concluded. Following that, the Supreme Court will begin a new analysis of the review issue itself, also in the virtual plenary session.
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