According to the decision recently taken by the Supreme Court of Justice (STJ), policyholders who received social security benefits through advance relief, if they lose the process in question, they must return the values. In this context, the INSS may charge approximately 30% per month from policyholders who lost the process.
Continue reading to learn more about this decision.
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In order to understand the reason why some beneficiaries are being asked to return the amounts, it is necessary to understand what is the anticipated guardianship. It is an intermediary decision of the court, capable of anticipating the effects of a given sentence. In this sense, the judge guarantees the anticipation of the benefit in relation to the wait that can last for years.
The thesis fixed by the STJ, theme 979, says that the good faith situation of each insured person must be investigated. Thus, if an error is found in the analysis that leads to an unequivocal understanding of the irregularity of the payment, the return of the amounts will be requested.
According to the person responsible for the decision, this examination must be carried out on a case-by-case basis to prove certain irregularities in the application of the law. A case that drew attention published in MS 19.260, for example, was that of a civil servant without children who, due to an administration error, received birth aid.
However, the decision taken by the STJ, in this case, may be harmful to some workers, as it applies directly to those claiming the right to social security benefits due to disability and judicially denied assistance by the INSS.
The most affected, therefore, are those who acted in good faith and will have to return the amounts, which certainly affects part of the monthly income of these beneficiaries. Even more so those who already have part of their salary withheld for the payment of payroll loans.
