About 140,000 retirees who had obtained favorable court decisions to recalculate their benefits can breathe relieved. Last Thursday (10), the Federal Supreme Court (STF) concluded the modulation of the effects of the decision that overturned the so-called “thesis of the whole life review” and ensured that it will not be necessary to return the amounts received based on this previous understanding.
But experts recognize that this definition will bring frustration to those who still had ongoing actions on the subject in court.
The review allowed, in the calculation of pensions, contributions made before July 1994, date of implementation of the Real Plan. For many policyholders, this meant an important increase in the monthly benefit. But the estimated fiscal impact and the changes of understanding in the judiciary led the Supreme Court to reverse its original decision, which had recognized the law in 2022.
Nevertheless, the Supreme Court decided to protect those who already had favorable decisions until April 5, 2024, even if provisional. These policyholders will not have to return the amounts received, nor bend with court costs, fees or expenses with accounting expertise. The measure represents an important milestone for the legal certainty of social security beneficiaries, according to the National Union of Retirees, Pensioners and the Elderly (Sindnapi)
“The previous decision was a hard blow to retirees, but at least now they will not be penalized with the return of the values, which would further increase the judicialization,” says Tonia Galleti, coordinator of the FGV’s legal department and professor of social security law.
Preservation of trust
The modulation was proposed by Minister Dias Toffoli, who highlighted the principle of legitimate confidence of the policyholders. According to him, changing the understanding of the Supreme Court without providing minimal protection to affected retirees would be unfair. The rapporteur of the action, Minister Nunes Marques, initially contrary to the proposal, adjusted his vote to accompany his colleague’s understanding, and the decision was unanimous.
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“This decision of the Supreme Court reinforces the food character of social security benefits. Amounts received based on court decision, even later revised, should not be refunded,” explains lawyer Natasha Improta, expert in social security law at Munhoz Associados.
The understanding of the Supreme Court responds to an appeal presented by the National Confederation of Metallurgical Workers, which alleged legal insecurity and disrespect for the previous decisions of the Court itself and the STJ. With the new decision, the retirees preserve the amounts already received, even if the proceedings will be extinguished after the become the judicial understanding.
End of the line for new actions
For those who still had ongoing actions, the decision of the Supreme Court represents a definitive closure of the possibility of gains based on the revision of the whole life. According to the lawyers, many judges have already begun to extinguish the lawsuits, and there are no real chances of success in proceedings.
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“The theme has always been controversial and I get a lot of questions about it, but it is important to be clear: there is nothing else to do. The trial was definitive,” says lawyer Eduardo Jesse Vieira Duarte of Duarte Vieira.
Despite the frustration with the reversal of the thesis, experts claim that the definition of the Supreme Court on the non -return of amounts received represents a concrete relief for thousands of retirees, preserving the financial stability of those who depend on these resources to live and reinforcing social protection to pension policyholders.
See how decisions occurred in the Supreme Court:
| 2022 STF approves the thesis of the whole life revision Recognizes the right of retirees include contributions prior to July 1994 in the calculation of the benefit. |
| 2023 until the beginning of 2024 Intense processing in court More than 140,000 lawsuits are opened based on the decision. Government pressures to overthrow thesis. |
| March 2024 STF changes understanding The thesis is overthrown by a majority of votes, generating legal uncertainty for those who already received higher amounts by court decision. |
| April 10, 2025 STF defines modulation of retired effects with favorable decision up to 5/4/2024: – They will not need to return amounts received – They are exempt from costs, fees and expertise – They gain definitive legal protection |