Post by account_disabled on Feb 27, 2024 0:35:50 GMT -6
Tax experts and experts in Social Security Law interviewed by the electronic magazine Consultor Jurídica believe that the decision of the Federal Supreme Court, which validated on Thursday the "lifelong review" for INSS benefits, should provoke an avalanche of review requests. Experts also highlight that caution is needed, as the transition rule is not beneficial in all cases. Maria Faiock , a lawyer specializing in Social Security Law, highlights that the thesis presented by Minister Alexandre de Moraes is fair and respects the acquired rights of retirees. "However, it is necessary to be extremely cautious when requesting a 'whole life review'. Especially for those who retired after the pension reform, as in many cases the transition rule of Constitutional Amendment 103/2019 can be more advantageous", he explains.
The expert highlighted that the decision should trigger an avalanche of lawsuits asking for a review. "Before filing a lawsuit, it is necessary to carry out a preliminary analysis to avoid running the risk of going to court and ending up being ordered to pay legal costs." Dyna Hoffmann , CEO and partner at SGMP Advogados, in turn, states that there are already Chinese Europe Phone Number List several websites guiding people and lawyers on how to file lawsuits, what arguments to raise and what documents to present. "This will put a burden on the system, both in relation to these demands, as it will be necessary to have personnel to prepare defenses, organize documentation, respond to administrative demands, and in terms of the economic and financial balance of the INSS", she maintains. Cristina Aguiar Ferreira da Silva , lawyer and doctor in Social Security Law, follows the same line.
However, it should be noted that the review may not be beneficial for everyone, as as a rule people receive — and, therefore, contribute — less at the beginning of their working life compared to the end of his career", he explains. Beginning or end of career Lawyer Jefferson Maleski , from the firm Celso Cândido de Souza, explains that the thesis benefits those who had higher earnings at the beginning of their career, before 1994, and later started receiving minimum wage, such as bank employees at financial institutions who broke with the Real Plan. But Maleski remembers that the majority of Brazilians reach their peak income around the age of 50, and the oldest salaries, before 1994, are the lowest, which may reduce the recalculation of the average. Those who had higher salaries before July 1994 (Plano Real) and those who had lower salaries or no salary after July 1994 and until the benefit request, have chances of increasing their retirement with the 'revision for life he indicates.
The expert highlighted that the decision should trigger an avalanche of lawsuits asking for a review. "Before filing a lawsuit, it is necessary to carry out a preliminary analysis to avoid running the risk of going to court and ending up being ordered to pay legal costs." Dyna Hoffmann , CEO and partner at SGMP Advogados, in turn, states that there are already Chinese Europe Phone Number List several websites guiding people and lawyers on how to file lawsuits, what arguments to raise and what documents to present. "This will put a burden on the system, both in relation to these demands, as it will be necessary to have personnel to prepare defenses, organize documentation, respond to administrative demands, and in terms of the economic and financial balance of the INSS", she maintains. Cristina Aguiar Ferreira da Silva , lawyer and doctor in Social Security Law, follows the same line.
However, it should be noted that the review may not be beneficial for everyone, as as a rule people receive — and, therefore, contribute — less at the beginning of their working life compared to the end of his career", he explains. Beginning or end of career Lawyer Jefferson Maleski , from the firm Celso Cândido de Souza, explains that the thesis benefits those who had higher earnings at the beginning of their career, before 1994, and later started receiving minimum wage, such as bank employees at financial institutions who broke with the Real Plan. But Maleski remembers that the majority of Brazilians reach their peak income around the age of 50, and the oldest salaries, before 1994, are the lowest, which may reduce the recalculation of the average. Those who had higher salaries before July 1994 (Plano Real) and those who had lower salaries or no salary after July 1994 and until the benefit request, have chances of increasing their retirement with the 'revision for life he indicates.