The Superior Tribunal de Justiça (STJ) analyzes, on Wednesday afternoon (the 9th), eight embargos de declaração, a type of appeal, regarding Theme 1.124. This theme discusses the possibility of taking to court requests that were administratively denied by INSS when new documents were presented by the insured individuals. The decision made by the court will apply to all similar cases in the country.
Theme 1.124 was judged in 2025 and established important guidelines for retirees and pensioners who go to court against INSS due to granting or revision of social security benefits. The judgment defined guidelines on how courts should handle these cases.
The embargos de declaração analyzed aim to clarify the procedure to be adopted when the beneficiary presents new documents after receiving a negative response from INSS. The central question is to determine whether the insured party should return to the agency and make the request again, whether they will be entitled to receive amounts from the judicial process, or whether their right should be guaranteed from the first moment, when they filed the administrative process.
