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Expert Warns That the Guardian Should Not Delay the Request and That Back Payments Only Count from the Protocol, Even with Possible Changes in the Law, According to Social Security Lawyer Tais Santos.
Guardian, pay attention: delaying the retirement request while waiting for the PLP 42/2023 or the ruling of the Supreme Court (Theme 1209) can be costly.
The strategy of “waiting to see” interrupts the count of back payments, because they only start to exist from the protocol of the benefit or the action. Those who would already be entitled and do not make the request may be losing an entire monthly income without realizing it.
Even with New Laws, Proof of Special Time Remains Mandatory
According to social security lawyer Tais Santos, even if PLP 42 is approved or the STF establishes a favorable thesis, nothing exempts the proof of special time for the Guardian armed or not.
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She explains that the INSS will continue to require technical documentation and evidence of exposure to risk. “Waiting for the law or the ruling does not replace the proof.
The Guardian needs to act to avoid losing money,” she warns.
The expert emphasizes that even if the outcome of the PLP or the Supreme Court is positive, back payments only count from the date of the protocol.
This means that each month without action is one month of lost benefits, and the accumulated amount can exceed R$ 400 thousand or even R$ 600 thousand, depending on the waiting time.
According to Tais Santos, “those who applied two or three years ago have their back payments counted, while those who stayed put start from scratch.”
The Financial Impact of Waiting for PLP 42 or the Ruling of the STF
In practice, the INSS evaluates each case individually. The PPP (Social Security Professional Profile), the functions performed, the authenticity of the documents, and the weapon ownership are analyzed.
Even after possible changes in the law, the agency will continue to require proof.
Therefore, those who intend to retire should organize their documents, reports, and employment links from now on, avoiding delays or denials.
Another critical point is that waiting for political or judicial decisions is a high risk.
The STF ruling on Theme 1209 does not have a set date, and the PLP 42/2023 can be modified or even rejected.
In the meantime, the guardians who could already be receiving benefits are left with nothing accumulated and no basis for back payments.
Step by Step for Those Who Already Have the Right to Retire
The most recommended step is to count the contribution time and calculate the benefit with the support of a specialized professional.
The protocol, according to Tais Santos, is the only way to ensure that back payments start to accrue.
She reinforces that the process requires technique and strategy: “It’s not just pressing a button. It’s planning, gathering evidence, and acting with guidance.”
The lawyer also advises that the worker should not make the request alone or wait for the political scenario to define everything.
“The legislation may change, but the rights of those who already meet the requirements must be protected. Each month of waiting is lost money,” says Tais Santos.
The Law Does Not Favor Those Who Sleep
For many guardians, the dilemma between waiting or acting can mean the difference between a guaranteed future and years of wasted income.
The message is clear: those who already have rights should not wait. Time is the biggest enemy of those who delay the protocol and miss the chance to accumulate back payments.
And you, Guardian, are you waiting for PLP 42 or have you already filed your request? Do you think it’s worth waiting or is it better to secure your rights now? Share your opinion in the comments; your story can help other workers not to lose what is rightfully theirs.
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