The Supreme Federal Court (STF) decided today (26) consider unlawful the tech – the ability of a retiree to request a review of the benefit for having returned to work and to contribute to Social security.
The legality of the benefit was on trial in the Court two years ago and suffered successive orders of view. More than 180 thousand processes were stopped all over the country waiting for the decision of the Supreme. Prior to the decision of the Supreme, policyholders have won individual actions in the court for the revision of the retirement. To the National Social security Institute (INSS), the insured must return all the values that were paid in a single installment, to have the right to recalculation of the benefit.
By 7 votes to 4, the ministers considered the tech unconstitutional by not be provided for in the legislation. Voted against the recalculation of the retirement of the ministers Dias Toffoli, Teori Zavascki, Edson Fachin, Luiz Fux, Gilmar Mendes, Celso de Mello, and the president, Carmen Lucia. In favor voted Marco Aurélio Luís Roberto Barroso, Rosa Weber and Ricardo Lewandowski.
the validity of The tech it was decided after a retired ask the National Social security Institute (INSS) the interruption of the payment of the current retirement for time of service and the granting of a new benefit by time of contribution, based on the payments that went back to when he returned to work.
In an opinion sent today (26) to the Supreme, the attorney General of the Union (AGU) held that for the grant of a tech it would be necessary for the insured to return all the values received during retirement.
THE AGU believes that the revision without the return of the values is contrary to the Federal Constitution, that establishes the “character of the contributory Social security and the need to preserve the balance between their income and expenses".
Edition: Fábio Massalli