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The STF Is Judging the Entire Life Review in Two Different Cases. In One of Them (ADI 2111), There Are Already 4 Votes Against Retirees. But in the Other Case (Theme 1102), Minister Cármen Lúcia Requested More Time to Decide. This Opens a Window That Could Still Save the Rights of Insured Individuals.
The Entire Life Review Has Entered a Decisive Phase in the Supreme Federal Court (STF). On Thursday (4), the judgment of ADI 2111 Recorded Four Votes Against Retirees and Only One in Favor. Nevertheless, the Future of the Subject Is Not Completely Defined, Because in Another Parallel Case, Theme 1102, Minister Cármen Lúcia Requested a Review, Opening a Window That Could Change the Scenario.
According to Advocacia Gasparotto, which Closely Follows the Case, this Combination of Distinct Processes Leaves Open the Possibility of a Partial Victory for the Insured, Should There Be a Change in Position from the Minister or Consolidation of Protective Thesis in the Suspended Judgment.
Who Has Voted Against and Who Defends the Retirees
The Dominant Position Is to Restrict the Review, Allowing Only Those Who Have Already Received Not to Return Values.
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The Only Favorable Vote Came from Minister Edson Fachin, Who Advocated for the Maintenance of the Review for Those Who Already Had Ongoing Actions, in the Name of Legal Security.
According to Advocacia Gasparotto, Fachin’s Vote Represents the Line of Preserving Acquired Rights, a Thesis That Could Still Prevail If More Ministers Join.
How Much Is Left to Decide the Score
With Four Votes Against and Only One in Favor, the Entire Life Review Appears to Be at a Disadvantage in the Judgement of ADI 2111. For the Retirees to Secure Victory in This Process, Six Votes in Favor of Broad Modulation Would Be Necessary. The Judgment Is Expected to Be Concluded This Friday (5) at 11:59 PM in the Virtual Plenary.
However, the Scenario Is Not Closed. The Final Definition Will Also Depend on the Progress of Theme 1102, Which Could Still Change the Majority Understanding. Therefore, Experts Recommend Caution Before Considering the Right Lost.
Where Theme 1102 Comes In
Theme 1102 Is an Extraordinary Appeal That Reaffirms the Thesis of the Entire Life Review Judged in 2022.
In This Case, Minister André Mendonça Voted in Favor of the Retirees, Recovering the Court’s Previous Position.
However, the Judgment Was Suspended by Cármen Lúcia’s Request for Review, Who Has Not Yet Returned the Case for Conclusion.
Advocacia Gasparotto Highlights That If the Minister Supports Mendonça, There Could Be a Turnaround in Favor of the Insured, Even in the Face of the Majority Against in ADI 2111.
This Creates an Environment of Uncertainty but Also of Hope for Thousands of Retirees.
Why Legal Security Is Central
Jurists Remind Us That, Under the Principle of Legal Security, When the STF Alters a Consolidated Understanding, the Trend Is to Apply the Change Only Going Forward, Preserving Those Who Have Already Sought Their Rights in Court.
This Is Precisely the Line Supported by Fachin and Mendonça, as Well as Defended in Technical Opinions Cited by Advocacia Gasparotto.
This View Reinforces the Argument That It Would Not Make Sense to Remove the Entire Life Review from Those Who Already Had Ongoing Actions, Creating Frustration of Legitimate Expectation and Instability in the Social Security System.
Is It Worth Waiting?
Despite the Adverse Score in ADI 2111, the Combination with Theme 1102 Means That the Game Is Still Not Over.
The Return of Cármen Lúcia Will Be Determinative for the Future of the Entire Life Review.
In the Meantime, Lawyers and Retirees Are Awaiting with Anticipation, as the Decision Will Have a Direct Impact on Thousands of Processes Across the Country.
Advocacia Gasparotto Reinforces That the Legal Battle Continues and That There Are Still Paths to Secure at Least a Partial Victory for the Insured.
The Judgment of the Entire Life Review at the STF Exposes a Divided Scenario: in ADI 2111, the Majority Is Against, but Theme 1102 Keeps Alive the Hope of Reversal.
The Request for Review by Cármen Lúcia Prevents an Immediate Outcome and Maintains in Suspension the Definition of Rights Affecting Thousands of Retirees.
Do You Believe That the STF Should Preserve Those Who Have Already Sought Justice or Do You Think That the Entire Life Review Should Not Apply Under Any Circumstances? Share Your Opinion in the Comments — We Want to Hear from Those Who Live This Reality Up Close.
acredito que deve prevalecer vitória parcial doa aposentados, garantindo a quem ingressou na justiça a vitória devido a insegurança jurídica