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Cut Confirms That The Overall Review No Longer Applies, Reinforces Decision Of 2024 And Determines That The Calculation Follows The Guidance Of INSS.
The Supreme Federal Court confirmed, in a virtual judgment concluded this Tuesday, that the overall review no longer holds legal validity. The decision revokes the thesis approved in 2022 and adjusts the entire understanding to the position established by the court in 2024. As a result, the ministers also decided to conclude the processes that were suspended awaiting a definition.
At the center of the decision is the vote of Minister Alexandre de Moraes, the rapporteur of the case, who stated that the appeals presented by the INSS lost their subject after the change in understanding of the STF itself.
The rapporteur was joined by the majority of the ministers, consolidating the orientation against the application of the overall review.
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What Motivated The End Of The Overall Review
The STF had recognized in 2022 that policyholders could include contributions prior to the Real Plan in the retirement calculation, a thesis that became known as the overall review.
The INSS appealed requesting modulation of effects and, faced with the legal uncertainty caused by conflicting decisions, Alexandre de Moraes suspended all processes in 2023.
In 2024, however, the STF judged two direct actions of unconstitutionality and decided that the transition rule created by Law 9,876 of 1999 is constitutional.
This change reversed the previous understanding and established that the calculation must follow the current regulation, without the possibility of using contributions prior to July 1994.
How The Decision Aligned With The New Understanding
In the most recent vote, Alexandre stated that it was necessary to adjust the judgment of the extraordinary appeal to what was decided in the ADIs.
He explained that, in light of the jurisprudential turnaround, the INSS appeals were prejudiced. The majority followed this reasoning and confirmed that the overall review ceased to have practical validity.
The divergence remained with Minister André Mendonça, who advocated for maintaining the thesis approved in 2022, with some restrictions.
He proposed a temporal framework and limits for application, suggesting to preserve previous decisions and define specific dates for paying differences. However, his vote was defeated.
What Happens To Those Who Already Received Amounts
In April 2024, the STF decided that retirees who received increases based on the overall review do not need to return amounts received until the publication of the judgment’s minutes.
This protection remains in effect, but new requests will not be accepted and ongoing processes will be concluded.
The definition aims to stabilize the Social Security jurisprudence after years of disputes between transition rules and permanent rules. For the STF, the interpretation that the rule created by the 1999 reform is in accordance with the Constitution now prevails.
And Now, What Changes For Retirees
With the end of the overall review, policyholders will have their benefits calculated exclusively by contributions made after July 1994.
The decision definitively ends the possibility of using the entire contributory history, including the pre-Real period, as some retirees had sought in court since 2019.
The position consolidated by the Supreme Court tends to standardize decisions in lower courts and reduce the number of actions on the topic, which had already totaled thousands across the country.
And you, do you think the STF made the right decision by overturning the overall review, or do you believe that policyholders should have the right to use all contributions in the calculation?
E as contribuições anteriores a 07/94 serão devolvidas corrigidas pela previdência social?? Pagamos e não levamos. As aposentadorias dos ilustres ministros são diferentes!!! No Brasil o trabalhador só perde.
O STF fez errado c está decisão.Trabalhadores se sacrificaram pagando pontualmente os descontos dado previdência por anos a fio.Hj o STF e injusto c essa decisão de beneficiar os ex trabalhadores,tamanha injustiça isto!!! Deveriam pagar corretamente os direitos deles.