STF today judges lifetime review of retirement after postponements

In August 2023, the STF would judge the appeal, but minister Cristiano Zanin requested a review of the process. In practice, he asked for more time to evaluate the case. When a minister requests a review, he has 90 days to return the issue to the plenary. In November, the whole life review returned to the Supreme Court and would be evaluated between November 24th and December 1st in a virtual plenary session.

In virtual plenary trials, ministers cast their votes in the system. There is no discussion about them. On December 2, Moraes asked for prominence, which means that the minister wants the trial that began in the virtual plenary to resume in person. All votes cast so far are discarded.

Before the trial was suspended, seven ministers voted. The ministers were divided into three distinct groups. One of them, opened by Minister Cristiano Zanin, defends the annulment of the Court’s decision that authorized the so-called “lifelong review” of INSS benefits. For the minister, it is necessary for the issue to return to the STJ. He had requested a view and the trial resumed in December in a virtual plenary session. Barroso and Minister Dias Toffoli followed this understanding.

What is Lifetime Review

At the end of 2022, the STF approved the lifetime review of retirement. The ministers decided that the review can be requested by retirees who started receiving their benefits between November 29, 1999 and November 12, 2019, one day before the Pension Reform.

INSS does not want to pay arrears prior to April 13, 2023. This is the date on which the STF decision on approval of the review was published. The government body argues that the review gives the right to an increase in the monthly benefit amount and payment of arrears only in the months after April this year. Today the rule guarantees the payment of arrears from the last five years.