Clipping of news on Brazilian Culture, Law and Citizenship
08/05/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
After the use of the Senate that prevented the proposed desaposentação heading to the House of Representatives - a move the government claims not to have cash on hand
- Retirees who continued working after requesting the benefit INSS may have, on Wednesday, good news. The Superior Court of Justice (STJ) analyzes, from 14h, the Special Appeal 1,334,488, which deals with the exchange of retirement for another of greater value. The rapporteur is the Minister Benjamin Herman, who has favored the idea.
At the trial of several other features, the STJ has recognized the right to desaposentação. The main difference is in relation to the return of the money, which is usually required by the INSS. The Superior Court of Justice defends the thesis that the beneficiary of Social Security may waive the benefit to retire again in more favorable situation, without returning the amount received in the period.
If the Supreme Court decides in favor of the retiree in this feature, the understanding, not even linked to other courts, will serve as a base for similar cases.
When an appellate court decides in accordance with the interpretation of the Supreme Court, no further appeal is admitted. Thus, the tendency is for the whole understanding is accompanied by the courts.
Still outraged by the feature that delayed the vote in the House proposed $, the Brazilian Confederation of Retirees and Pensioners (COBAP) following the case, pending a favorable decision. The entity classified as "executioners" senators who barred the project. Among them are the government leader in the Senate, Eduardo Braga (PMDB-AM) - who said he was in favor of approval - Valdir Raupp (PMDB-RO), Romero Juca (PMDB-RR), Eduardo Suplicy (PT-SP) , Wellington Dias (PT-PI), Anibal Diniz (PT-AC) and José Pimentel (PT-CE).
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Source: Extra - online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.