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Decision on the PASEP Review Holds Banco do Brasil Liable for Shortages and Allows Compensation That May Exceed R$ 200 Thousand
The Superior Court of Justice (STJ) confirmed, in Topic 1150, that Banco do Brasil is responsible for compensating public servants who joined until August 17, 1988, in cases of losses or irregularities in PASEP accounts. The decision opens the way for thousands of PASEP review lawsuits, with amounts that may exceed R$ 200 thousand.
According to Professor Carlos Mendes, an expert in administrative law, this is a historic victory for the servants, who for decades reported flaws and shortages in the deposits. The STJ determined that workers have the right to seek judicial restoration of the amounts, provided they present the detailed statements of their accounts.
Who Has the Right to PASEP Review?
The decision establishes that all federal, state, and municipal servants admitted until 08/17/1988 can take legal action.
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The temporal benchmark is explained because, after the 1988 Constitution, new servants began to be linked to FGTS, and no longer to PASEP.
According to Professor Carlos Mendes, this change creates a clear line: those who joined before 1988 can review PASEP; those who joined later no longer have rights, as they moved to another system.
How Much Can Servants Receive?
PASEP review actions can generate substantial compensation.
According to calculations presented by lawyers, average amounts range from R$ 50 thousand to R$ 120 thousand, but in many cases exceed R$ 200 thousand.
The total depends on the admission date, salaries received, and monetary updates over the years.
According to Carlos Mendes, the longer the admission into public service, the greater the accumulated amount that Banco do Brasil must pay.
Where to Request Documents to Go to Court?
The initial step is to request detailed PASEP statements at any Banco do Brasil branch.
For periods prior to 1999, records are in microfiche and may take up to 45 days to be delivered.
Data from subsequent periods can be accessed more quickly.
These statements are essential to prove the shortages.
With them in hand, the servant should seek a lawyer or specialized accountant to perform the update calculations and formalize the PASEP review action.
Why Is the STJ Decision Important?
According to Professor Carlos Mendes, the STJ decision ensures that the statute of limitations of 10 years only starts counting when the servant becomes aware of the irregularities — and not automatically from the beginning of the deposits.
This means that thousands of people who were not aware of the flaws can now take legal action.
Another crucial point is that the STJ decision does not guarantee automatic payment, but recognizes Banco do Brasil’s responsibility and opens the way for each servant to prove the loss.
For specialists, yes. Although it is necessary to gather documents and technical calculations, the chance of recovering significant amounts is real, especially for those who joined before the 1988 Constitution.
Many lawyers have reported that compensations can represent a true historical reparation, securing resources that have been stagnant or poorly managed for decades.
And you, do you know anyone who has already filed a PASEP review request? Do you think this STJ decision can change the lives of many servants or are there still not enough guarantees to expedite the processes? Share your opinion in the comments — we want to hear from those who live this experience.
Boa noite estou com esta ação e o juiz bateu o martelo,dando como procedente obrigando o BB a pagar,o BB recorreu em são Paulo,e engraçado que lá deram improcedente acho que não estudaram o processo tive que recorrer onde minha advogada argumentou alguns pontos aí eles decidiram encaminhar para Brasília,caso não tivesse o argumento dariam por encerrado.
E agora com esta decisão ira voltar para o fórum da minha cidade e serei talvez o primeiro a ganhar esta ação em São Paulo, glória a Deus.
Eu entrei com ação com advogado ano passado mas a justica deu pedido improcedente e estou pagando custas processuais ter ganho a ação tenho direito de entrar novamente?
Entrei em 2019 através do SINTRASEF entretanto o juiz julgou improcedente, foi antes do tema 1150, será que consigo desarquivar o processo?