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STJ Confirms: INSS Insured Does Not Need to Return Amounts Paid Due to Errors by Social Security If Received in Good Faith, Except in Cases of Fraud or Bad Faith.
Many INSS beneficiaries live under the doubt: do amounts received due to errors by Social Security need to be returned? The response from the higher courts has been clear: when the payment is made in good faith and due to an exclusive error of the INSS, the insured is not obliged to return.
The Superior Court of Justice (STJ) consolidated this understanding in the Theme 979 of repetitive appeals. The decision recognizes that, if there was no bad faith on the part of the beneficiary, the amounts received are irrecoverable — that is, they do not need to be returned.
What Does “Good Faith” Mean in Social Security Law
Good faith means that the insured did not contribute to the error and had no way of perceiving the irregularity. Example: when Social Security pays retirement or pension in a greater amount than due, without the insured having provided false information.
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If the citizen presented true documents and only received what the INSS calculated, they cannot be required to return amounts already incorporated into their livelihood.
The Position of the STJ and Theme 979
In the judgment of Theme 979, in 2020, the STJ established the following thesis:
- Amounts received in good faith, due to an error of interpretation or calculation by the Administration, do not need to be returned.
- Exception: when there is bad faith on the part of the insured, fraud, or evident error that they could have identified.
This decision was important because it unified the case law, which previously varied among different courts.
Cases Where Return is Required
Despite the protection, there are situations where the insured may be required to return:
- When presenting false documents to obtain the benefit;
- When omitting relevant information, such as employment links;
- When it becomes evident that they knew about the irregularity (for example, accumulation of benefits prohibited by law).
In these cases, the return is mandatory and may come with criminal liability.
Examples of Judicial Decisions
In 2022, the 4th Region Court of Appeals (TRF) acquitted a retiree from returning more than R$ 50,000 paid unduly by the INSS, understanding that the error was that of the agency.
In another case, the 3rd Region Court of Appeals (TRF) ordered the return of amounts received by an insured who omitted active employment links while receiving sickness benefit. In this example, bad faith was proven.
The Impact of the Decision for Millions of Beneficiaries
The establishment of this understanding brought more legal security. Previously, many insured individuals were surprised with high value claims, which compromised family income.
Now, the courts reaffirm that those who received in good faith cannot be penalized for administrative errors, protecting the dignity of the beneficiary and ensuring financial stability.
Experts Reinforce the Importance of the Decision
For social security lawyer João Badari, “Theme 979 of the STJ brought peace of mind to millions of Brazilians. The insured cannot pay for miscalculations or interpretations of the INSS.”
Professor Adriana Bramante highlights: “the irrecoverability of amounts paid in good faith is an advance in social protection. The opposite would be to punish exactly those who depend the most on Social Security.”
The message from the STJ is unequivocal: the insured cannot be penalized for errors of Social Security. The return is only required when there is fraud, bad faith, or omission of information.
This protection reflects the principle of legal certainty and the dignity of the human person, reinforcing that Social Security exists to support — and not to punish — the citizen who does their part.
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