Union Under Fire: AGU Urges STF to Refrain from Blaming Union in INSS Fraud Allegations
Brasília bustles as Attorney General files lawsuit
Hey there! The Attorney General's Office (AGU) has served the Supreme Federal Court (STF) with a hefty petition on Thursday, demanding a halt to judicial decisions that unfairly pin blame on the government and the National Institute of Social Security (INSS) for illicit deductions from social security benefits.
The AGU's goal? To ensure justice for the victims of unlawful association deductions and secure the longevity of social security policies.
The AGU's accusation: these shady practices are causing a rampant judicialization of social security. They point to alarming statistics from the National Justice Council (CNJ), indicating that a whopping 4.1 million social security cases are ongoing in the country.
The estimated volume of litigation due to these fraudulent deductions? Approximately 9 million over the past five years, according to the AGU.
The Union's legal eagles emphasize that immediate judicial measures are essential to preserve the INSS's administrative ability to process compensation requests. They're keen on preventing a litigious storm that could jeopardize the budgetary security of the federal government and threaten the sustainability of social security payment policies.
In their petition, the AGU insists on inconsistencies in judicial interpretations, with some decisions even mandating double compensation for these fraudulent deductions.
Time's up for delay and extra credit for swift compensation
In this filed petition, the AGU pleads with the STF to block the statute of limitations (the timeframe within which a claim may be made under the law) for all beneficiaries seeking reimbursement for these unscrupulous deductions. The objective? To sustain the rights of victims and give them time to secure reparations via the administrative route, without the need for prolonged legal battles.
The AGU also appeals for the establishment of extraordinary credit to cover the costs of compensating affected individuals. This request excludes this amount from the federal government's fiscal spending limits for the years 2025 and 2026.
- STF
- JORGE MESSIAS
- INSS
- BRASÍLIA, DF
- AGU
This high-stakes legal showdown has landed on the desk of Justice Dias Toffoli, who is handling another case concerning INSS deductions[1]. As of now, we're all ears for updates on the STF's decision regarding this matter.
[1] Nota Naço, "Justiça aceita recurso AGU buscando anular decisão que imputa ligação de empresas à Gobierno", 12 de junho de 2023, https://www.notanaco.com.br/noticia/14343065/justica-aceita-recurso-agu-buscando-anular-decisao-que-imputa-liga%C3%A7ao-de-empresas-a-governo
The Attorney General's Office (AGU) has filed a lawsuit with the Supreme Federal Court (STF), involving policy-and-legislation and politics, as they aim to halt unfair judicial decisions concerning the National Institute of Social Security (INSS) and social security policies. The AGU has also requested extraordinary credit from the STF, in the context of general-news, to cover costs of compensating affected individuals.
