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The confirmation of the precedent occurred after a public servant hired without a public examination requested a change to her retirement scheme.
All public servants who entered through a public examination retire according to the rules of the Special Social Security System (RPPS), which grants them certain advantages and benefits. However, employees who work in the public sector without passing a public examination do not enjoy this right.
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The Federal Supreme Court (STF) reinforced this precedent, and the court reached the decision unanimously. Thus, civil servants hired without a public examination or who acquired tenure under the 1988 Federal Constitution must retire through the General Social Security System (RGPS).
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Why was the precedent confirmed?
The STF had to conduct a trial because of an Extraordinary Appeal filed by the Tocantins Social Security Management Institute. The request was to change the retirement scheme of a teacher hired in 1978 from the RGPS to the RPPS, who had not passed a public examination.
They filed an appeal against the decision of the Federal Regional Court of the 1st Region (TRF-1), which was based on the claim that the teacher had tenure because she had worked in the public sector for more than five years before the 1988 Constitution.
STF's position
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The STF ruled that retirement under the RPPS is exclusively for civil servants who hold permanent positions, that is, those approved through a competitive examination. This decision took into account Constitutional Amendment 20 of December 1998.
The general thesis establishes that “Only civil servants holding permanent positions (Article 40 of the Federal Constitution, as amended by EC No. 20/98) have access to the special social security system, which excludes those with tenure under Article 19 of the ADCT and other civil servants hired without a competitive examination”.
