The Supreme Federal Court (STF) concluded the trial of the Revision of the Whole Life, an action that seeks to guarantee INSS retirees the right to use their entire contribution history to calculate the value of their retirement, including salaries from before 1994.
The decision, with a final score of 6 to 5, impacts millions of Brazilians and represents a historic milestone in the country's social security.
Understand the Life Review
Currently, the INSS calculates retirement using only contribution salaries after July 1994.
The Revision of Life questions this rule, arguing that all of a worker's salaries, from the beginning of their working life, should be considered. This could result in a significant increase in the value of retirement benefits for many beneficiaries.
Impact of the STF decision
The Supreme Court's decision paves the way for millions of INSS retirees to review their benefits and receive retroactive payments. The financial impact is estimated to be significant, potentially reaching billions of reais.
The INSS has not yet defined how it will operationalize the review, but the expectation is that the process will be gradual and lengthy.
Who can request a Lifetime Review?
Retired from INSS who retired after the Law 9.876/99 (Pension Reform) and who felt harmed by the current retirement calculation.
It is important to check whether the review is advantageous in each case, as there may be cases in which the retirement value is not changed or even reduced.
How to request a Lifetime Review
There is still no official procedure defined by the INSS to request a review. AGU (Attorney General's Office) filed a request to modulate the effects of the STF decision, which may influence the way in which the review will be carried out.
Recommendations:
- Wait for the INSS to define the procedures for requesting the review;
- Consult a lawyer specializing in social security law to assess whether the review is advantageous in your case;
- Gather all the necessary documentation to prove your contribution salaries.
The STF's decision on the Lifetime Review is a great victory for INSS retirees. It is important to follow the INSS's next steps to know how to request the review and guarantee your rights.
Image: https://www.pulsarimagens.com.br/ Adriano Kirihara