Brazilian Supreme Court: Justice Moraes gives INSS ten days to have a plan for lifetime review.
The revision was approved by the Supreme Court in December.
Agency Brazil - Supreme Federal Court (STF) minister Alexandre de Moraes has ordered the National Social Security Institute (INSS) to present, within ten days, a plan to carry out the so-called lifetime review of pensions. The deadline starts counting this Friday (3).
A review of one's entire life. It was authorized in December.when the Supreme Court recognized the right to recalculate retirement benefits, ending decades of legal disputes.
According to the decision, the review can be requested by retirees and pensioners who started contributing to the INSS (Brazilian National Social Security Institute) before July 1994, the month the Real Plan was created, and who retired between 1999 – when the government changed the rules for calculating benefits after carrying out a pension reform – and the 2019 pension reform.
However, the INSS (Brazilian National Social Security Institute) asked the Supreme Court to suspend the judicial proceedings on the matter, as it currently lacks the technical capabilities to recalculate pensions based on the new rule. The agency estimated that the procedure would involve 51 million active and inactive benefits.
One of the difficulties encountered was that Dataprev's current systems do not provide for calculations considering salaries prior to July 1994, requiring technological changes to enable the procedure. This comes at a time when the current queue of beneficiaries awaiting pension calculations reaches 5 million people, the agency emphasized.
Moraes acknowledged the technical difficulties, but stated that the Supreme Court's decision cannot remain without practical results. "In fact, millions of Social Security beneficiaries have been waiting for years for a response from the Judiciary regarding matters related to basic fundamental rights, linked to their very subsistence and the dignity of the human person," he wrote in the decision.
The minister added that "the requesting social security agency needs to inform how and within what timeframes it proposes to give effect to the understanding defined" by the Supreme Federal Court. Only after receiving and analyzing the plan will he decide on the request to suspend the proceedings, stated Moraes, who is the rapporteur for the appeal in which the issue was judged.