The Supreme Federal Court Recognized That “Scheduled Increase” in Disability Benefits Is Constitutional, Allowing the Benefit to Be Set With an Automatic Term of Up to 120 Days, and That the Insured Can Request an Extension

Written by Maria Heloisa Barbosa Borges

Published on 12/09/2025 at 22:10

Updated on 12/09/2025 at 22:11

O STF decidiu que a alta programada no auxílio-doença é constitucional no Brasil, permitindo ao INSS fixar prazo automático de até 120 dias, com necessidade de pedido de prorrogação pelo segurado.

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STF Decision Confirms That The Benefit Can Automatically Cease In 120 Days, Unless The Insured Requests An Extension.

The STF formed a majority in the judgment regarding the constitutionality of the so-called scheduled discharge in sick leave, a mechanism that establishes an automatic duration for the benefit. The decision, made in the virtual plenary in Extraordinary Appeal (RE) 1.347.526, has nationwide repercussions and establishes that the benefit may cease after 120 days, if the insured does not request an extension. According to the Migalhas portal, the analysis, which addresses Theme 1,196 of general repercussion, has a voting deadline until 11:59 PM this Friday (12), but a majority has already been formed.

So far, the relator Cristiano Zanin has been followed by ministers Alexandre de Moraes, Gilmar Mendes, Flávio Dino, André Mendonça, Dias Toffoli, and Edson Fachin, consolidating the favorable majority. The measure was established by Law 13.457/2017, after conversion of Provisional Measure 767/2017, which amended paragraphs 8 and 9 of article 60 of Law 8.213/1991.

What Is The Scheduled Discharge In Sick Leave

The scheduled discharge is a mechanism that sets, at the time of granting, an estimated deadline for the end of the benefit.

ARTICLE CONTINUES BELOW

The STF Thesis and Its Foundations

In general repercussion, Zanin proposed the following thesis:
“The stipulation of an estimated deadline for the duration of the sick leave benefit, as established in paragraphs 8 and 9 of article 60 of Law 8.213/91, with wording given by MPs 739/16 and 767/17, converted into Law 13.457/17, does not violate articles 62, caput and §1, and 246 of the Federal Constitution.”

This understanding revokes, at the national level, a decision of the Recourse Chamber of the Federal Special Courts of Sergipe, which had declared the scheduled discharge unconstitutional. With the general repercussion, all courts and judges must follow the interpretation established by the STF.

Who Is Affected By The Decision

The decision directly impacts thousands of insured individuals receiving sick leave benefits. Previously, there were judicial divergences regarding the validity of the automatic deadline, creating legal uncertainty. Now, the understanding is uniform: the benefit may cease in 120 days, unless an extension is requested.

In practice, the insured must be mindful of the deadline set by the INSS. If they are still incapacitated, they must submit the extension request before the deadline. Failure to comply with this procedure may lead to the loss of the benefit.

Why The Topic Generates Controversy

For critics, the scheduled discharge shifts the responsibility to the insured to continuously prove their incapacity, which could create difficulties for those facing serious illnesses or mobility limitations.

On the other hand, supporters of the measure argue that the previous system overburdened medical examinations with unnecessary reviews and increased public spending.

Migalhas highlighted that the decision aims to balance administrative efficiency with social security, ensuring the continuation of assistance when truly necessary, while imposing control against abuse and fraud.

Where The Decision Applies

Due to its binding effect, the judgment of the STF applies throughout the national territory. This means that courts, special courts, and federal courts must adopt the same interpretation, leaving no room for divergent decisions.

The impact is immediate, reinforcing the validity of article 60 of Law 8.213/91.

Moreover, the decision serves as a reference for public policies related to granting social security benefits, bringing predictability for both the government and the insured.

Is It Worth Appealing?

The insured who feels harmed can still appeal individually in specific cases, for example, if there is an error in the examination or proven difficulty in requesting the extension.

However, the thesis established by the STF greatly limits the chances of reversal, as judges must follow the guidance set by the Court.

The decision of the STF consolidates the validity of the scheduled discharge in sick leave, ending a long judicial dispute over the topic.

For workers, the main change lies in the need to pay attention to the deadline and the obligation to request an extension if incapacity persists.

For the social security system, it represents a step in the rationalization of benefits management.

And you, what do you think of this decision? Does the scheduled discharge bring more efficiency or could it harm those who truly need it?

Share your opinion in the comments; we want to hear real experiences from those dealing with sick leave on a daily basis.

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RIVALDO LIMA JOAQUIM

#174455

14/09/2025 05:17

Essa alta vêm para acabar para quem mais precisa. Esses ministros pense bem, eles seram julgados por um só criador Jeová

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Marcos Bello

#173731

13/09/2025 07:16

Deveria ser pelo menos seis meses

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The Supreme Federal Court Recognized That “Scheduled Increase” in Disability Benefits Is Constitutional, Allowing the Benefit to Be Set With an Automatic Term of Up to 120 Days, and That the Insured Can Request an Extension

STF Decision Confirms That The Benefit Can Automatically Cease In 120 Days, Unless The Insured Requests An Extension.

What Is The Scheduled Discharge In Sick Leave

The STF Thesis and Its Foundations

Who Is Affected By The Decision

Why The Topic Generates Controversy

Where The Decision Applies

Is It Worth Appealing?

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The Supreme Federal Court Recognized That “Scheduled Increase” in Disability Benefits Is Constitutional, Allowing the Benefit to Be Set With an Automatic Term of Up to 120 Days, and That the Insured Can Request an Extension

STF Decision Confirms That The Benefit Can Automatically Cease In 120 Days, Unless The Insured Requests An Extension.

What Is The Scheduled Discharge In Sick Leave

The STF Thesis and Its Foundations

Who Is Affected By The Decision

Why The Topic Generates Controversy

Where The Decision Applies

Is It Worth Appealing?

For 45 years, Spain and Morocco have been trying to connect Europe to Africa through a project of just 14 kilometers in the Strait of Gibraltar, and an active tectonic fault on the seabed continues to make the project nearly impossible.

At just 14 years old, a boy creates a system without energy, using steel pipes buried in the ground, that irrigates seedlings with moisture from the air, to combat the water scarcity threatening reforestation in northern China.

Where there was only sand and wind at 40 degrees, China built a megacity of 500,000 inhabitants with farms, wineries, and universities in the middle of the desert using melted glacier water from hundreds of kilometers away.

The 8-meter robot submarine that reaches 6,000 meters in depth: Dive-XL will be used by the U.S. Navy to launch underwater drones on a large scale.

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