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STJ Confirms That Mandatory Military Service Time Can Be Added to INSS and Anticipates Retirement for Thousands of Brazilians.
The Superior Court of Justice (STJ) confirmed a decision that can change the lives of millions of Brazilians: mandatory military service time can be used for retirement by INSS. The decision recognizes the value of this often-forgotten period and allows it to be counted towards the common contribution time to meet the requirements set by Social Security.
This is a victory for those who served in the Armed Forces — Army, Navy, or Air Force — and later pursued a career in the public or private sector. Until recently, many workers overlooked this period because they were unaware it could be utilized.
What the Law Says About Military Service
The acknowledgment is not new, but it required judicial interpretation to be reinforced. The article 55, item I, of Law No. 8.213/1991 already stipulates that military service time, including voluntary service, should be counted as contribution time for retirement.
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This right is also reiterated in the Decree No. 3.048/1999, which regulates Social Security. The only limitation is that the period cannot be used twice: those who have already utilized this time to obtain retirement or compensated inactivity in the Armed Forces cannot use it again for INSS.
The Position of STJ
In the Information of Jurisprudence No. 825, published in September 2025, the STJ highlighted rulings that reinforce the thesis: mandatory military service does count as contribution or grace period for INSS.
According to the ministers, there is no justification for excluding this period, as military service is considered a civic and social duty, and the social security law itself ensures its inclusion.
How to Utilize This Right in INSS
To have military time recognized, it is necessary to register this period with INSS. The process involves submitting documents that prove the completion of service. Among them:
- Reservist Certificate;
- Military Service Time Certificate, issued by the Armed Forces;
- military documents clearly indicating the period of enlistment and discharge.
Once registered, the period will be included in the National Social Information Registry (CNIS) and can be used to complete the grace period or contribution time required for retirement.
Impact for Insured Individuals
The recognition of military service can make a decisive difference. In many cases, the worker is just a few months away from meeting retirement requirements, and the inclusion of this period speeds up the granting of the benefit.
For example:
- A man who served for 1 year in the Army and has 34 years of urban contributions can add this time to reach the 35 years needed for retirement by contribution time (for those who had acquired rights before the Pension Reform).
- A woman who needs to complete 15 years of grace period can use her military time to achieve the missing months.
In practice, this recognition can anticipate retirement by up to one year in thousands of cases.
The Relationship with the Pension Reform
The Pension Reform (EC 103/2019) changed several rules but did not remove the right to count military time. The period can be used for both transitional rules and retirement under the new regulations.
Thus, those who served before 2019 can also add this time, respecting the currently required age and grace period criteria.
Judicial Decisions Reinforce the Right
The STJ was not the only court to express an opinion. Federal Regional Courts had already recognized this right in various rulings. In a case judged by the TRF of the 4th Region, for instance, military time was validated as part of the grace period for hybrid retirement, combining rural and urban periods.
These precedents consolidate a firm jurisprudence: military time must be considered, provided it is duly proved.
The Symbolic Value of Recognition
Apart from the financial aspect, the STJ’s decision holds symbolic value. Mandatory military service is often seen merely as a temporary civic duty, not as part of the Brazilian labor life.
By recognizing this period as valid for retirement, the Justice system values the contribution of young people who served the Fatherland and ensures that this effort is not ignored when calculating social security rights.
Justice for Millions of Ex-Military Personnel
The recognition of military service as contribution time in the INSS is more than a legal detail: it is a social and historical victory. It ensures that millions of Brazilians who served in the Armed Forces have their efforts counted towards a fundamental right — retirement.
In the end, the message is clear: no day of work or service rendered to the country should be lost. Whether in the field, in the city, or in the barracks, every period of labor life can now make a difference in the worker’s future.
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