INSS: REVISÃO DA VIDA TODA DO INSS / DECISÃO DO STF no TEMA 1102 DO STF

Supreme Court reaffirms decision that overturned the 'lifetime review' thesis Insured cannot choose the calculation they consider most beneficial The Plenary of the Supreme Federal Court (STF), by majority vote, reaffirmed that the transition rule of the social security factor, used to calculate the benefit of insured persons affiliated with the INSS before Law 9.876/1999, is mandatory and that the insured cannot choose the calculation they consider most beneficial. The decision was made in the virtual session that ended on November 25th, in the judgment of motions for clarification in Extraordinary Appeal (RE) 1276977, with general repercussion (Theme 1.102), and reaffirms the understanding established in 2024, in the judgment of two Direct Actions of Unconstitutionality (ADIs 2110 and 2111), which overcame the thesis of the so-called "lifetime review" that had been defined in 2022. The vote of Minister Alexandre de Moraes prevailed, stating that, due to the change in the Court's understanding, all the effects of the judgment on the merits of the ADIs should be applied to the RE, including the cancellation of the previous thesis and the establishment of a new thesis in concentrated control. Thus, amounts received by INSS beneficiaries until April 5, 2024, as a result of court decisions favorable to the "lifetime review" thesis should not be returned. The collection of legal fees and court costs from individuals seeking review through pending lawsuits up to that date is also waived. This understanding was supported by Justices Cármen Lúcia, Cristiano Zanin, Gilmar Mendes, Luís Roberto Barroso (retired), Nunes Marques, Dias Toffoli, and Luiz Fux. Justices André Mendonça, Edson Fachin, and Rosa Weber (retired) dissented, disagreeing with the proposed modulation. Thesis The thesis of general repercussion established was the following: “1. The declaration of constitutionality of Article 3 of Law No. 9,876/1999 imposes that the legal provision be observed in a mandatory manner by the other bodies of the Judiciary and by the Public Administration, in its textual interpretation, which does not allow for exceptions. The INSS insured who falls under the provision cannot opt ​​for the definitive rule provided for in Article 29, I and II, of Law No. 8,213/1991, regardless of whether it is more favorable to them.” Certainly. To facilitate your analysis or use in SEO/content strategies, I have organized the keywords into **5 main categories**. 1. Legal Status and Decisions (STF) These terms refer to the legal progress and decisions of the superior courts. STF's "life-long review" Topic 1102: Life-long review STF's "life-long review" decision Is the "life-long review" still valid? Was the "life-long review" canceled? Was the "life-long review" overturned? * Life-long review: appeals?* * Modulation of the "life-long review" 2. Right and Eligibility Focused on who can or cannot apply for the benefit. Who is entitled to the "life-long review"? Who is not entitled to the "life-long review"? Is it worth requesting a "life-long review"? How to know if I am entitled to the "life-long review"? Life-long review for those who retired before 1999? Life-long review for those who retired between 1999 and 2019? 3. Deadlines and Calculation Rules Technical terms regarding the Contribution period and time limits. Deadline to request a lifetime review Statute of limitations for lifetime review 10-year statute of limitations for lifetime review Prescription for lifetime review Lifetime review: salaries before 1994 Contributions before 1994 are included in the calculation Lifetime review: transition rule Lifetime review: Law 9876/99 4. Types of Benefits Affected Specific consultations by retirement or pension type. INSS lifetime retirement review Lifetime review: retirement by contribution time Lifetime review: retirement by age Lifetime review: survivor's pension Lifetime review: special retirement 5. Execution, Values, and Lawyers The "how to do it," how much it costs, and the search for professionals. Calculation of lifetime review Simulation of lifetime review How to calculate lifetime review Documents for lifetime review Lifetime review my INSS (Brazilian National Social Security Institute) Consultation regarding the "life-long review" process Legal action regarding the "life-long review" Lawyer for the "life-long review" Social security lawyer for the "life-long review" How much does the "life-long review" cost? Fees for the "life-long review" ---