The discussion about the Whole Life Review gained prominence, especially regarding modulation by the STF. This article clarifies the concept of modulation and its impacts.
The Whole Life Review proposes the inclusion of social security contributions prior to 1994 in the calculation of benefits. If you want to understand more about this thesis, read our article about it here.
It is crucial to mention that both the STJ and the STF have already taken a favorable position. However, the process remains open due to the Motion for Clarification filed by the INSS, currently being judged by the STF.
First, let's understand what Declaration Embargoes are. It is a resource that aims to clarify obscure points, doubts, contradictions or omissions in a judicial decision. It is important to make it clear that Embargoes cannot modify the merits of the decision, only the points that were not clear.
In the case of the Whole Life Review, what is discussed in the Motions is the modulation of the decision. Modulation defines how to apply the decision in practice, including the issue of retroactivity.
The votes so far are modulating effects in the following way:
On these last two points, there is a divergence in the STF. One group believes that termination and late payments would only apply after the STF decision (01/12/2022). On the other hand, the other current understands that this date should be after the decision of the trial by the STJ, which took place on 17/12/2019.
Furthermore, Minister Zanin's vote raised the possibility of annulling the STJ's ruling, sending it to the Superior Court of Justice for a new trial.
The chance of Minister Zanin winning the vote is low. Of course, everything can change, but the trend now points to a definition following the other votes, leaving the expectation of the date being defined.
The plenary trial was scheduled for 20/03/2024, we hope that the matter will finally be resolved. And while you wait, is there anything worth doing?
Of course it is worth it, it is necessary to consider that the Whole Life Review is a complex subject that demands study of each case. Furthermore, and regardless of the STF's decision, there is a risk of statute of limitations or prescription. For this reason, the recommendation is to seek out a social security lawyer you trust as soon as possible and study your specific case.
Remembering that our team is always just a click away, if you want to consult us and answer your questions directly, just click below. We are here to help and clarify your doubts.
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