The argument in favor of the INSS insured was annulled by the Court last week; The Institute for Social Security Studies asks the court to protect the rights of pensioners who have already filed lawsuits
BRASILIA-IL Institute for Social Security Studies (Ieprev) sent a point of order to Federal Supreme Court (STF) to limit the effects of the decision that overturned the so-called “permanent review”. retirements. Last week the argument in favor of the insured INSapproved in December 2022, it was annulled by the same Court in another trial.
The statement was filed in an appeal by the INSS against the “whole life review” on the agenda for next Wednesday, 3. Ieprev requests that, at a minimum, the Court protect the rights of those pensioners who have already filed a lawsuit until the publication of the ruling on the merits.
The institute claims that the votes of retired ministers Ricardo Lewandowski and Rosa Weber “can never be changed by their successors”. According to Supreme Court rules, the votes of retired ministers must be maintained. However, ministers Cristiano Zanin and Flávio Dino were able to speak out in the case heard last week, which concerned a 1999 law that had implications for the “whole life review” thesis.
“In compliance with the Federal Constitution, the Code of Civil Procedure and the Internal Regulations of the STF itself, the merit defined in a matter could never be (re)judged in the way in which the Court proceeded”, continues Ieprev.
The organization also claims that the Supreme Court did not give space to the parties to the trial to comment on the reversal of the argument in favor of the pensioners. It is also stated that there was no specific request in the application to quash the “whole life review” and that the matter had been raised “ex officio” by two ministers.
Ieprev also presented data showing that 102,791 actions involving “whole life review” are being processed. According to the institute, this figure “is considerably low” for a thesis that has been going on for more than a decade. “As you can see, these are clearly not exorbitant values that would cause a treasury collapse,” she points out. The Federal Attorney General’s Office (AGU) estimated an impact of R$480 billion from the action.
“By moving away from its conventional method of jointly analyzing questions with related topics, it appears that the FST has failed to maintain jurisprudential cohesion and predictability, pillars so far pursued by such an institution,” criticizes the institute.
Source: Terra
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