The Federal Supreme Court (STF) unanimously ruled on Thursday (10), that retirees from the National Institute of Social Security (INSS) who obtained gains from the “life review” will not need to return the amounts received.
The decision directly impacts more than 140,000 lawsuits that are processed in the judiciary, benefiting thousands of policyholders who had already won the right to review before the thesis was overturned.
The “revision of the whole life” was a lawsuit that allowed retirees to recalculate their benefits, including contributions made before July 1994, when the real was implemented as an official currency.
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The thesis was approved by the STF in 2022, but later overthrown in 2024, after the judgment of actions related to the social security factor.
Despite the extinction of the correction, the ministers decided that the amounts received in good faith by the policyholders should not be returned.
Minister Dias Toffoli was one of the main advocates of the non -return of values, arguing that the change of understanding without modulation breaks the legitimate expectation of those who had already obtained favorable decisions.
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In addition, Toffoli suggested that the return against return was explicitly included in the decision, covering injunctions and provisional guardianship.
The proposal was accepted by other ministers, consolidating the unanimous decision.
Although the right to revision all life has been extinguished, the process that discusses the subject is still being processed in the Supreme Court. The Union’s appeal against the favorable decision of 2022 remains under analysis.