The Superior Court of Justice confirmed this Wednesday the limitation on the payment of overdue amounts to insured individuals who sue the National Institute of Social Security to obtain the granting or review of benefits. The ministers also defined rules for the automatic release of retirements by robots.
The judgment evaluated embargos de declaração presented by the Brazilian Institute of Social Security Law, which sought clarification on the court's previous decision that limited the value of retroactive payments to the end of 2025. The case was under the rapporteurship of Minister Paulo Sérgio Domingues.
The ministers maintained the understanding that the insured individual who goes to court without first allowing the INSS to adequately analyze their request at the administrative level may not be entitled to receive overdue amounts from the date of the request.
The rules cover requests for retirement, pension, assistance benefits, maternity pay, and Continued Assistance Benefit.
