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The STJ Has Already Decided in Topic 1150 That Banco do Brasil Must Compensate Workers Who Started Before 1988 and Suffered Losses in PIS/PASEP. The Deadline to Request Compensation Is 10 Years, But It Only Starts Counting When the Worker Gains Access to the Microfiche and Discovers the Loss Not on the Retirement Date.
According to Professor Valter dos Santos, a specialist in Labor and Social Security Law, workers who started before 1988 can still file in court for PIS/PASEP amounts that reach R$ 600 thousand or more. The Superior Court of Justice (STJ), in its ruling on Repetitive Topic 1150, determined that the 10-year period to claim these amounts only begins when the worker accesses the microfiche and confirms the losses, not on the retirement date.
This means that thousands of people who worked in the formal market before the 1988 Constitution have the right to review the accounts and seek reimbursement from Banco do Brasil, the sole responsible for the payments.
In practice, even those retired for decades can take legal action to recover lost amounts.
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What Is at Stake in PIS/PASEP?
PIS/PASEP was created as a compulsory savings account, in which employers deposited monthly amounts into accounts managed by Banco do Brasil.
The bank had the obligation to correct and apply interest on this money. The problem is that, in thousands of cases, there were improper withdrawals, failures in updates, and embezzlements that drastically reduced the workers’ assets.
The STJ ruled that Banco do Brasil must bear sole responsibility for these failures, excluding the Union from any liability.
This decision opened the way for new lawsuits to be filed across the country.
How Does the Statute of Limitations Work?
According to Article 205 of the Civil Code, the statute of limitations is 10 years. However, for workers who started before 1988, this period only begins when they gain access to the microfiche and discover the loss.
A recent example occurred in the Court of Justice of Ceará (TJ-CE), which annulled a decision that had recognized the statute of limitations.
The worker only obtained the microfiche on 05/29/2024, and therefore, the court considered that the 10-year countdown would start on that date.
The claim amounted to nearly R$ 600 thousand, potentially exceeding R$ 1 million after adjustments.
How to Request the Amounts Owed?
The first step is to request the microfiche from Banco do Brasil, which are the account records from 1971 to 1999. The delivery period can take up to 120 days.
With the document in hand, it is necessary to hire a forensic accountant to calculate the updated value of the balance. This accounting report is essential and serves as the basis for the legal action.
Without the microfiche and without a technical calculation, it is unlikely that the process will progress.
Therefore, the recommendation is to gather the documentation before seeking the judiciary.
How Much Can Be Recovered?
The decisions already made in several states show a wide variation in values. There are cases of indemnities of R$ 7 thousand, but also cases that exceed R$ 500 thousand or even R$ 600 thousand.
It all depends on the deposits made, the years of contribution, and the necessary adjustments.
The STJ made it clear that each worker must seek their rights individually, as there is no collective action that automatically resolves the issue.
The STJ’s decision changed the landscape for workers who started before 1988. They can request a review of the PIS/PASEP amounts even decades after retirement, as long as they only discovered the loss upon accessing the microfiche.
Banco do Brasil is responsible for reimbursing the amounts owed.
Do you know anyone who worked before 1988 and may be entitled to this money? Do you believe many will still go to court?
Leave your opinion in the comments — we want to hear stories from those experiencing this situation first-hand.
Eu comecei a trabalhar no Banco Banorte, com carteira de Trabalho assinada em 1986.