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With an explosive increase of 88.3% in lawsuits over four years, the institute became the biggest target of the Brazilian judiciary. Understand the reasons that go far beyond the service counter.
The National Institute of Social Security (INSS) is the largest litigant in the Brazilian Justice system, accumulating the impressive mark of nearly 4.5 million lawsuits in progress. It is a judicial battle of gigantic proportions, in which in 99% of the cases the agency appears on the passive side, that is, as the defendant. This massive judicialization has deep roots in unstable legislation, chronic structural problems such as assessments, and even complex corruption schemes.
A Giant Litigant: INSS as the Most Demanded in the Justice System
The INSS has consolidated itself as the most sued entity in Brazil. While the Tax Authority leads the actions on the active side, the INSS dominates the defense in the courts. The vast majority of these cases, 86% occur in Federal Court. The 1st Region, which covers states from the Midwest, North, Northeast, and the Federal District, concentrates 39% of the entire demand.
The judicial disputes predominantly question the rejections by the INSS. Retirements represent 30% of the cases. Assistance for labor incapacity accounts for 25%, followed by assistance benefits (15%), maternity pay (10%), and death pension (5%). Another 16% of the lawsuits address administrative issues related to these benefits.
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The Explosion of Numbers: The Increase of 88.3% in Lawsuits in Four Years
The escalation of new lawsuits in the justice system has been progressive and sharp. In 2020, there were 1.8 million new demands against the INSS. Four years later, in 2024, this number jumped to 3.4 million, representing an increase of 88.3%, according to data from the National Justice Council (CNJ).
This volume is explained by the size of the institute. The INSS serves more than 40 million active beneficiaries, who received R$ 877 billion in 2024. Just this year, the agency received 15 million requests for benefits. Of this total, it granted seven million and denied eight million, opening a direct path for the insured to seek their rights in court.
The Roots of Judicialization: Complex Laws, Assessments, and Fraud
One of the main reasons for so many lawsuits lies in the legislation, which is constantly undergoing changes, almost always complicating matters. Since 1998, Brazil has undergone three major pension reforms and two mini-reforms. The first one still generates lawsuits today, such as the well-known “full life revision”.
Another critical point is the medical assessment. Millions of aid requests depend on medical verification. The assessment sector of the INSS is responsible for massive queues and produces controversial decisions that are often contested in court.
Corruption also exacerbates the scenario. Scandals and frauds are recurrent. The most recent case involved associations of ghost retirees, which diverted over R$ 6 billion. To avoid an even greater overload on the judiciary, an agreement was made for the extrajudicial compensation of the victims.
In Search of Solutions: Initiatives to Curtail Litigation
Various institutions are working to reduce the volume of lawsuits. Gilberto Waller Júnior, president of the INSS, states that the institute is engaging with the justice system to resolve disputes administratively.
The CNJ is developing projects such as PrevJud, which automates the sending of court orders and promises to reduce the compliance time from 20 days to just one hour. The Attorney General’s Office of the Union (AGU) also acts with programs like Desjudicializa Prev and the Pacifica platform, which seek extrajudicial conflict resolution. The Public Defender’s Office of the Union (DPU) focuses on agreements that prevent judicialization, allowing benefits to be requested directly in the INSS systems.
The Future of Service: The Challenge Between Digital and In-Person
Despite technological advancements, digitalization has not solved all access problems. The president of the INSS, Gilberto Waller Júnior, acknowledges this failure. “The INSS has gone very digital, but this has not facilitated service for our insured, who has a different profile and needs in-person contact,” he admitted. In response, he promised investments to reopen agencies, seeking an essential balance between digital service and human assistance.
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