Portuguese 
English 
Spanish 
5 min of reading 
5 comments 
Judicial Decision in Goiás Imposed Deadline of 30 Days for INSS to Analyze Request for Review of Contribution Time Certificate, After Insured Awaiting More Than Nine Months Without Administrative Response.
A preliminary decision from the 6th Federal Civil Court of SJGO determined that the INSS analyze, within 30 days, a request for review of the Contribution Time Certificate (CTC) that had been stalled for more than nine months.
The order, signed on September 3, 2025 by Federal Judge Paulo Ernane Moreira Barros, upheld a writ of security indicating a violation of the right to a reasonable duration of the process, according to the portal Migalhas.
The case is filed under number 1042477-55.2025.4.01.3500. The applicant reported that she filed the request for review on November 27, 2024 and received no administrative response.
-
For the first time in history, millions of Brazilians will receive the 13th salary of 2026 without any Income Tax deductions — and the amount can arrive in full in their accounts.
-
Millions of Brazilians will have to work more in 2026: the score to retire has risen to 93 and 103, the minimum age has increased, and those who planned to retire this year may be in for a surprise.
-
Paternity leave increases from 5 to 20 days with Law 15.371/2026, which also created paternity pay through INSS and guaranteed job stability for fathers for up to 30 days after the end of the leave.
-
The new law No. 15,377, sanctioned by Lula and published in the Official Gazette of the Union on April 6, guarantees 3 days off for workers to undergo medical examinations.
Upon reviewing the case, the judge recognized that the delay exceeded legal and constitutional parameters, justifying the granting of the urgent measure.
Preliminary Order Establishes Deadline for INSS Decision
In the judicial order, the judge determined that the social security authority must analyze the request within 30 days, counted from the notification.
The measure obligates the responsible authority to proceed with the review of the CTC, without entering, for now, into the merits of the request.
The judge emphasized that administrative slowness, in addition to violating the Constitution, may compromise rights of a food nature, due to the direct relationship between the certificate and access to social security benefits, according to the portal Migalhas.
The preliminary measure provides for the immediate notification of the parties for compliance.
Deadlines Already Exist in Law and Have Been Disregarded
The central foundation of the decision lies within the norms regulating the federal administrative process.
The Law 9,784/1999, in its article 49, establishes that, once the instruction is concluded, the Administration has up to 30 days to decide, extendable for an equal period with justification.
The Law 9,051/1995, on the other hand, sets an unextendable deadline of 15 days for issuing certificates necessary for defending rights and clarifying situations.
In the specific case, both deadlines were surpassed.
According to the decision, the waiting period of more than nine months far exceeds the limits of reasonableness set by the law, regardless of the operational difficulties of the authority.
The understanding is that the right of the administered to a timely response cannot be indefinitely conditioned to structural problems.
Agreement at STF Provides 90 Days for CTC in Fulfillment of Judicial Order
In addition to federal laws, the judge cited the agreement entered into and approved by the Supreme Federal Court in RE 1.171.152 (Theme 1.066).
Among the agreed deadlines, it is stated that, in compliance with judicial determinations, the issuance of CTC must occur within 90 days after notification.
In the process in Goiás, this limit was also exceeded.
The adjustment approved by the STF was designed to organize queues, standardize deadlines, and provide predictability to the analyses of the INSS, without removing the constitutional duty to decide in a timely manner.
By confronting the agreed schedule with the inertia observed in the records, the judge concluded that intervention was necessary, as reported by the portal Migalhas.
What the Judge Said
In the decision, Judge Paulo Ernane Moreira Barros acknowledged the management challenges but noted that they do not exempt the obligation to observe the deadlines.
In a highlighted excerpt, he stated: “Although the operational difficulties faced by the INSS are recognized, due to the volume of demands and lack of structure, such circumstances do not justify the excessive delay, which violates the principles of efficiency and reasonableness of Public Administration, in addition to compromising rights of a food nature.”
The understanding follows the line of precedents that apply the principles of efficiency and reasonableness to administrative actions, especially when the delay affects benefits with a food character.
The preliminary order, therefore, seeks to restore the procedural progress and avoid losses resulting from unjustified delays.
CTC: Role and Impact on Granting Benefits
The Contribution Time Certificate is the document that consolidates periods contributed to a social security regime for the purpose of recording in another.
It allows, for example, adding time from the specific regime to the RGPS or enabling retirement reviews.
When its issuance or review is delayed, insured individuals may be prevented from completing requirements or demonstrating time for calculations, which slows down grants, revisions, and payments.
In the analyzed process, the stalled review prevented the progression of the necessary steps.
In the order, the court recalled that formal requirements and communications from the Administration must be made in a timely manner.
The absence of a response within legal deadlines opens the door for a mandamental tutelage.
The writ of security was considered the appropriate instrument to protect the liquid and certain right to the appreciation of the request.
Representation and Progress
The beneficiary is represented by Machado & Magalhães Attorneys Associated, as identified in the report that covered the case.
The preliminary decision was filed in the records and electronically signed on 09/03/2025. Upon notification, the 30-day deadline for the INSS to analyze the review request begins.
While the administrative evaluation is not concluded, the judicial command remains for the authority to observe the legal milestones and the parameters validated by the STF.
The determination adds to recent decisions that reinforce the obligation to decide within deadlines compatible with the nature of the rights involved.
The judicial order opens up space for similar requests to find greater speed when there is excessive delay; in situations like this, what will be the practical effect of compliance with the 30-day deadline on the regularization of CTC stock?
Estou com meu benefício suspenso (pensão por morte do meu esposo) há 9 meses, o INSS alegou dizendo que estou morta e não justifica de onde tirou esta informação erronea! Meus filhos são menores de idade! Estou viva sem dinheiro e tive que contratar advogado e até o momento sem receber um centavo! 😠🤬🤬😠😡🇧🇷
Enquanto tem demora tem advogado faturando pois quanto mais tempo maior é o resultado da porcentagem, dinheiro que entra na conta Enquanto ta na gaveta, “não estou falando mal dos advogados” mas sim do sistema, e o INSS parece fazer de propósito pois não tem motivo o pagamento vem todo os atrasados e isso só gera mais renda a alguns e o povo sempre pagando a conta!!!
O INSS tem que dá curso prós médicos pois são tudo grosso e maltrata o trabalhador que está precisando de tá encostado…eu estou afastada meu benefício foi negado…eu vivo se aluguel não sei nem o que fazer pois estou com problema no ombro e o médico vai fazer cirurgia e sabe Deus quando..o trabalhador sofre…aff
Esse INSS é uma farça **** ele vc paga quando depender ele te nega bando de endemoniado todos que trabalha nele máquina de fazer dinheiro pra o governo ****…
Verdade agente quando fica doente e precisa eles inventam a perícia e os médicos é uma grosseria com agente e vê os exames e acaba negando a pessoa procura um médico e ele afasta o paciente é que ele tá doente por que fazem isso com a população…??