STF postpones judgment of actions against pension reform

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The Federal Supreme Court (STF) suspended the judgment of 12 actions that question provisions of the last pension reform, approved in 2019 and sanctioned by President Jair Bolsonaro (PL).

The trial was interrupted by requests for a view (more time to analyze the case) from Minister Ricardo Lewandowski. The actions were being analyzed by the STF’s virtual plenary, a judgment format in which justices register their votes in the Court’s system, without there being a session for the individual reading of each vote.

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Until the requests for inspection, Minister Luís Roberto Barroso, rapporteur of the cases, voted against most of the 12 actions, having been in favor of only one of the requests presented in the actions.

The only point with which the minister agreed was in relation to the ordinary contribution of retirees and pensioners.

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The minister claimed that the calculation base can only be increased if the Social Security deficit continues to increase even after the adoption of progressive rates.

In the other actions, the minister considered that the social security deficit is undeniable and that it has worsened in recent years.

“The payment of pensions and pensions consumes a significant share of GDP and the state budget, leaving few resources for sectors such as health and education. Reforms in Social Security that reduce public debt can have positive macroeconomic impacts, such as stimulating consumption and production”, justified the minister.

Barroso denied that there were any irregularities in the processing of the actions and considered that the interpretation given to the regimental rules applied to the proceedings was “reasonable”.

For the minister, the Judiciary must respect this decision taken by Congress and must not interfere in this process.

Other points were also denied by Barroso, such as questions regarding the transition rules, pension for death, extraordinary contribution and contributions from inactive and pensioners.

Minister Edson Fachin was the only one to present a vote besides Barroso. He partially differed from the rapporteur on issues such as contributions from inactive and pensioners and extraordinary contribution.

With the view request, there is no new date for the trial to resume. It is up to Minister Ricardo Lewandowski, who made the request, to return the case to trial when he sees fit.

Source: CNN Brasil

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