After finalizing a lawsuit against the INSS (Instituto Nacional do Seguro Social), the insured person may have recognized his right to receive retroactive values. This occurs when the judge determines that the INSS pays an amount referring to the period prior to the date of the sentence.
To illustrate the situation, this would apply, for example, to an insured person who applied for retirement in January 2020, but had his request denied. Soon, the person then goes to court, against this decision, and has his right granted in August 2021.
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If, in this case, it was recognized by the judge that the beneficiary has the right to receive his retirement from the initial date, the INSS must pay retroactively the 19 months between January 2020 and August 2021.
As already mentioned, if the amount is less than 60 minimum wages (which currently amounts to BRL 66,000), payment must be made through a RPV (Small Value Requisition). Above that, the credit will be paid as a precatory. In that case, the deadline is longer.
Lawyer Sara Tavares Quental, from Crivelli Advogados Associados, explained that the deadline for payment of RPVs is up to 60 days after the judge's order. Generally, the judge releases the amounts in a given month and, in the other, the CJF (Council of Federal Justice) sends the money to the TRFs (Federal Regional Courts) to pay the insured. When the amount arrives at the courts, deposits are made.
Sara also adds that the deadline starts counting from the moment the judge determines the issuance of the payment, and not from the date on which the action becomes final and unappealable, that is, only when it reaches its purpose.
“After the final and unappealable decision, the phase of compliance with the sentence begins. That is, the person won, but the amounts must still be discussed. This phase usually lasts a year and, when it comes to an end, approval and payment are made”, informs Sara.
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