In December 2022, the Federal Supreme Court (STF) guaranteed that the benefits of the INSS (National Social Security Institute) were recalculated. This year, Minister Alexandre de Moraes presented a deadline for the Institute to present the plan for the review of the whole life from Friday (3).
A period of ten days, starting on Friday (3), was granted for the recalculation of the revision to be presented to contributors retirees and pensioners since July 1994 and to retirees between 1999 and 2019. The date until 1994 represents the beginning of the Real Plan in the country.
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STF decides deadline and INSS contests
According to the deadline granted by the Supreme Court, the INSS filed a request for the ongoing legal proceedings to be suspended, stating that the Institute's team would not be prepared to recalculate pensions.
The INSS stated that the system used in Dataprev is currently able to predict the values considered since July 1994, requiring a technological update so that the revision can happen. According to the system, only 5 million pensions would be part of the recalculation. It is estimated, however, that 51 million beneficiaries would be part of the review.
The Supreme, through Minister Alexandre de Moraes, recognized that there is a technical and technological absence for the action to be effective, but declared that it needs to have a reaction:
“In fact, millions of Social Security beneficiaries have been waiting for years for a response from the Judiciary, in matter related to basic fundamental rights, linked to one's own subsistence and to the dignity of the human person”, he stated.
Regarding the request for the suspension of the processes, the STF stated that there is only possibility of suspending what is in court before the analysis of the INSS plan. The INSS response to the deadline can ensure that the case is resolved. In addition, hypotheses were raised about the suspension.
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