Revisão da vida toda do INSS acabou? O que acontece agora? Tire dúvidas sobre o caso

The Brazilian Supreme Federal Court (STF) published the final judgment (final decision against which no further appeal is possible) of the last case discussing the "life-long review" of pensions. With this, the thesis that allowed the recalculation of pensions including salaries prior to July 1994 (the beginning of the Real Plan) was definitively declared unconstitutional, preventing further adjustments. Status of Cases and Practical Impacts 1. Ongoing Cases Resumption and Extinction: Lawsuits that were suspended will resume in the lower courts only for judges to rule on unfounded claims and close the cases. Costs and Legal Fees: Retirees with ongoing lawsuits will not have to pay court costs, legal fees to the government, or the costs of judicial expert reports carried out until April 5, 2024 (the date of publication of the STF's judgment that overturned the thesis). 2. Who Received Payments Through Provisional Decisions (Guardianship) Refund of amounts: There will be no need to return the amounts received by insured individuals whose provisional guardianships were granted before April 5, 2024. Amounts received by virtue of decisions issued after that date are at risk of being demanded for return by the INSS (Brazilian National Social Security Institute). Benefit reduction: The INSS is already reviewing active benefits and reducing pensions to the previous value (without the increase from the review). 3. Procedure in Case of INSS Errors If the INSS makes a mistake in the recalculation and reduces the benefit to a level lower than the original value adjusted for inflation, or if it applies undue charges (above the legal margin of 30% for discounts), the insured individual should contact their lawyer to take the appropriate legal action within the lawsuit itself.