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The STJ's 2025 decision established that Banco do Brasil must prove PASEP withdrawals made at branches, changing the weight of proof in cases involving more than 5 million workers who entered the public service before 1988.
On September 10th, 2025, Superior Court of Justice (STJ) published a judgment in the Topic 1300, consolidating an important change in the legal dispute over the PASEP (Public Servant Asset Formation Program).
From this decision, the Banco do Brasil must prove PASEP withdrawals made at its branches, and no longer the worker. This means that, in cases where the amounts were withdrawn in person at the cashier, the financial institution must submit documents and records confirming the regularity of the transaction. Until then, it was up to the beneficiary to demonstrate that they had not made the withdrawal or that they had suffered losses due to an administrative error.
The history of PASEP and legal disputes
Created on 1970 and unified with PIS in 1975, PASEP aimed to form a patrimony for public servants.
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The 1988 Constitution eliminated new entries into the program, but preserved the rights of those who already participated.
Since then, thousands of workers claim they never received the amounts they were owed.
Frequent reports point to problems such as undue withdrawals, income not credited correctly and even disappearance of balances.
Banco do Brasil's centralized management has always been the target of criticism, and the difficulty in accessing microfiches and old statements has led many policyholders to court.
How many workers can benefit?
According to estimates cited by the Professor Walter dos Santos, expert on the subject, more than 5 million people who started working before 1988 may be impacted by the decision.
The actions discuss average values between R$30 and R$50 per worker, but, corrected, these amounts can exceed much higher figures.
This makes the decision a landmark for labor law and supplementary pensions in the public sector.
The direct impact on Banco do Brasil
With the new procedural rule, the Banco do Brasil assumes the burden of proof in-person withdrawals.
The minister Maria Teresa de Assis Moura, rapporteur of the case, highlighted in her vote that there are three ways to move PASEP: credit to account, payroll payment and withdrawal at a branch.
Only in this last case is the bank obliged to prove the delivery of the money.
This change opens up the possibility of a billion-dollar liability for the institution, which may be forced to return corrected amounts in thousands of processes.
In addition to compensation, there is a risk of overloading the Judiciary, with new lawsuits being filed.
Practical effects for workers
In practice, the decision facilitates access to the law for thousands of people who, until now, were hampered by the difficulty of gathering documents from decades ago.
The worker will no longer need to prove the absence of withdrawals at the branch: the responsibility lies entirely with the bank.
However, when payments occurred by payroll credit or in accounts at other institutions, the burden continues to lie with the beneficiary, since in these cases Banco do Brasil did not have direct control over the operation.
Gaps and open points
Despite the progress, relevant questions still remain.
There is no official data on the total financial impact that Banco do Brasil may face, nor about how many cases are awaiting a decision based on the Topic 1300.
It is also unclear whether the federal government intends to adopt measures to mitigate liabilities or renegotiate amounts in the event of mass convictions.
For workers, the STJ's message is clear: Anyone who has outstanding PASEP amounts needs to seek their rights.
The decision sets a solid precedent and provides greater security for ongoing actions.
The determination that the Banco do Brasil must prove PASEP withdrawals in agencies changes the balance of power in legal disputes and could result in billions in compensation.
And you, do you believe this decision corrects a historic injustice against workers, or do you fear that the financial impact on the bank and the government will be greater than imagined? Leave your opinion in the comments — we want to hear from those who experience this reality firsthand.
I am a federal public servant at INSS and a union member said that we do not have the right, so the STJ decision was unfounded. I started working in 1975, why would I not have the right? What is my situation?
I am a retired teacher from the state of MT, I went to Banco do Brasil to check if I had a balance on my PASEP and they told me that I have nothing, and then I went again and they showed me a paper there that has nothing on it, I didn't understand why I worked since 1980, I was appointed in 1985 and why don't I have any PASEP balance?
Justice will be served 🙌🏽