A decision was recently taken by the Federal Supreme Court (STF), determining that the votes that are presented by ministers in judgments in the virtual plenary remain valid in the same way, this in cases where a judgment is taken for analysis in the physical plenary after the minister in question request.
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So, in practice, this turns out to be very interesting news for INSS retirees and pensioners who are waiting for the approval of the “Lifetime Review”.
Because of this, the decision that was taken will directly influence the result at the time of the trial. It is quite possible that we will find a score favorable to the action. Based on this, we separated some information about the possibilities that retirees are receiving an increase in their pensions.
At first, it is important to explain about this lifetime review, as it is a lawsuit that aims to increase the value of some people's pensions, more specifically those who receive a pension related to contributions made before 1994.
This is because according to the current law, the calculation made to define the values of the benefits takes into account only what was collected within the period after July 1994, which may mean a certain increase in the amount to be received by the recipient.
This is why the action is called Review of Life, since the person who receives the benefit can have your retirement based on all the contributions that were made during your lifetime as a worker. In general, this ends up increasing the amount of the benefit paid by the INSS.
Briefly, anyone who has been receiving INSS benefits between 1999 and November 13, 2019 can file a lawsuit to request a review of the benefit, however, the measure is only valid for some of the benefits, which are:
- Retirement by Age;
- Special Retirement;
- Retirement of Persons with Disabilities;
- By disability retirement;
- Pension for Death;
- Sickness Allowance.
Another very important point to be highlighted is that before filing an action, it is also necessary to analyze whether it is really worth it. If the beneficiary did not have good salaries before 1994, this review may not be so interesting, as it may end up reducing the value of the benefit instead of increasing it.
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