By 7 votes to 4, the Supreme Federal Court (STF) rejected on Wednesday (26) the possibility of a retired person who continues to work receive pensions larger based on new contributions to the public pension, the so-called “tech”.
As has general repercussion, the decision must be followed for all the processes of Justice that deal with the subject.
In the session of this Thursday (27), the ministers together again to define how will be this application, since many people were able to the biggest benefit in other courts.
According to the Advocacy General of the Union (AGU), there are at least 182 thousand processes stopped, awaiting a decision of the SUPREME court.
most of The ministers took the view that the pension system in Brazil is based on the principle of solidarity, and there is no forecast in the act for the increase.
A change of the type, therefore, could only be established by Congress and not by the Judiciary.
The theme has started to be analysed by the Court in 2010 and brought concern to the government for the impact on the public treasury.
If the recalculation of the aposentarias to be approved, the AGU is estimated that the expenditure would rise to R$ 7.7 billion per year.
THE SUPREME court reviewed the three actions, whose rapporteurs, Marco Aurélio Mello, and Luis Roberto Barroso, favourable to the tech, they were losers.
The majority of ministers followed the position of Dias Toffoli, who voted in 2014 against tech.
At the time, he said that retirement is “essential,” and obtaining greater benefit is contrary to the purpose of the actuarial factor, which benefits those who expect more time to retire.
I can Not imagine the tech. The pension consists of a legal act perfect and finished. The factor allows the beneficiary to enjoy retirement before the minimum age, and could choose the moment to retire. Admit the tech would be to subvert the actuarial factor, generating the burden,” he said at the time.
According to the diverge, Zavascki pointed out that the law is clear to say that new contributions to the retired should not be considered in their pensions.
“The law has given to the contributions of the retired worker with a different purpose. The contributions of the retired are intended to finance the general system of security and not to the payment or the improvement of a future benefit,” he said, still in 2014.
In session this Wednesday, the rapporteurs reaffirmed their position in favor of tech. The vote of marcus Aurelius allowed a recalculation of the entire benefit based on the current situation of the pensioner who remains on active duty.
Luis Roberto Barroso, in turn, proposed a new formula that would take into account for the calculation of the new benefit, only the rate and the time of the contribution. The factors age and life expectancy should be identical to those measured in the first retirement.
The spokesman of the Presidency, Alexandre Parola, said on Wednesday (26) that the decision of the Supreme Federal Court (STF) by the rejection of so-called “tech” was "favourable to the government".
"An impact on the budget is positive for the decision by the Federal Supreme Court is being estimated by the technical units relevant to the federal government. Notes, however, that it was favourable to the government', he declared.
* Collaborated Luciana Amaral, the G1, in Brasilia