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Pending a definition by the STF (Federal Supreme Court), the review of the entire life of the INSS it may not generate an increase in income as retirees expect. This risk exists in situations where the institute’s guidance to recalculate revised benefits prevails.
The INSS defined, in an ordinance published in November, that in cases in which the Justice determines this review, the contribution of the insured will be considered to have been made on the value of a minimum wage, in case of inconsistencies in the Cnis.
“This provision adopted by the INSS may nullify the proceeds of the review, because whoever fights in the courts for this right precisely wants to include in the calculation the largest contributions made before July 1994,” reports lawyer Rômulo Saraiva.
According to the lawyer, the life review is a lawsuit through which retirees request the recalculation of their income with the inclusion of 80% of the largest contributions made in currencies prior to the real one.
Although the STF ordered the suspension of this review, the insured’s right had already been accepted by the STJ (Superior Court of Justice).
In some cases, the INSS does not comply with the terms of the resources or is obliged to provisionally implement the revised revenues through a court order. Due to these situations, the institute established the slide rule.
To avoid disadvantages, in the action, the beneficiary must request that the calculation consider the original documentation (professional card, contracts and payroll), instead of what is in the Cnis.
