A decisão, se favorável, beneficia profissionais que estão no mercado de trabalho antes de julho de 1994 – aposentados ou não – que podem exigir a inclusão dessas contribuições na contagem.
Se é um profissional que ganhava mais do que recebe atualmente, a ação pode valer a pena. A pedido do R7 Economize, o advogado Giovanni Magalhães, especialista em cálculo do mesmo escritório, fez três simulações de pedidos de revisão da vida toda.
Duas delas apresentam resultados positivos e valeriam a pena para o segurado, e uma com apuração negativa e que não seria vantajosa. Confira:
Caso 1 (positivo):
Mulher, aposentada desde 27/12/2011 com 27 anos de contribuição. Ao considerar as contribuições anteriores a julho de 1994, o benefício atual de R$ 2.824,39 passaria para R$ 5.839,45, valor teto da previdência, com previsão de atrasados – valores a receber como diferença pelo benefício menor que foi pago anteriormente – de R$ 199.722,46.
Caso 2 (positivo):
Homem, aposentado desde 30/08/2017 com 16 anos de contribuição. Neste caso, o segurado deixou de contribuir ao INSS durante grande período após 1994, de forma que, na concessão, houve aplicação do mínimo divisor deixando o benefício no valor do salário mínimo.
Sendo assim, ao considerar as contribuições anteriores a julho de 1994, o benefício atual de R$ 1.039 passa para R$ 4.799,96, com previsão de atrasados de R$ 118.477,38.
A lei especifica que o mínimo divisor corresponde a 60% do tempo decorrido entre julho de 1994 até a data de início da aposentadoria.
Exemplo: imagine dois segurados que pediram a sua aposentadoria na regra atual. Ambos possuem o tempo de contribuição mínimo, mas um deles possui 100 contribuições enquanto o outro apenas 30 contribuições.
Se não existisse o mínimo divisor, em ambos os casos seriam somadas todas as contribuições e tirada a média simples (no primeiro caso, seria 100 dividido por 100 e, no caso 2, 30 dividido por 30).
Entretanto, não era entendido como justo que a aposentadoria de um segurado que pagou mais contribuições tivesse o mesmo cálculo de alguém que contribuiu menos.
Assim, neste exemplo, o mínimo divisor seria 60 e, no segundo casso, seriam somadas as 30 contribuições e dividido por 60. O que, consequentemente, iria gerar um benefício menor e, legalmente, mais justo.
Caso 3 (negativo):
Mulher, aposentada desde 1º/10/2013 com 32 anos de contribuição. Neste caso, as contribuições anteriores a julho de 1994 diminuiriam o benefício atual de R$ 3.850,81 para R$ 3.373,84, sendo inviável para a segurada o ingresso da ação.
O que está em jogo?
A decisão beneficia profissionais que estão no mercado de trabalho antes de julho de 1994 – aposentados ou não – que podem exigir a inclusão dessas contribuições na contagem.
No caso dos aposentados, o prazo para pedir a revisão é de até 10 anos, ou seja, se o segurado se aposentou em 2011, ele se expira este ano.
A ação já tem parecer favorável da PGR (Procuradoria Geral da República) que seguiu entendimento do STJ (Superior Tribunal de Justiça) e ganhou um reforço de peso na quarta-feira (3) quando a DPU (Defensoria Pública da União) juntou ao processo parecer totalmente favorável ao aposentado.
Os três defendem que o INSS deve considerar todas as contribuições previdenciárias que o segurado fez à Previdência Social no cálculo da sua aposentadoria.
O instituto, porém, recorreu ao STF para tentar frear a aplicação da chamada “revisão da vida toda” argumentando questões econômicas.
Para o advogado João Badari, especialista em direito previdenciário e sócio do escritório Aith, Badari e Luchin Advogados, o posicionamento do INSS sobre o aumento dos gastos públicos com uma decisão favorável da “revisão da vida toda”.
“Vale ressaltar que o número de ações dessa revisão é muito menor do que a da desaposentação. Por quê? É uma ação de exceção que vale para quem ganhava mais e com o passar dos anos passou a ganhar menos, teve o fim com a reforma da previdência, ou seja, não cabe mais para quem se aposentar pelas novas regras, além de a decadência de 10 anos, ou seja, se o segurado se aposentou em 2011, ele se expira este ano.”
Como pedir a revisão?
É preciso fazer os cálculos – que envolvem a conversão das moedas utilizadas no país anteriormente ao Real – de todas as suas contribuições para verificar se a ação seria benéfica para o seu caso.
“Se é um profissional que ganhava mais do que recebe atualmente, a ação pode valer a pena”, comenta.
O prazo para pedir a revisão é de 10 dez anos, por isso, quem se aposentou em janeiro de 2011, por exemplo, deve correr.
A ação deve ser ingressada na Justiça. Não é possível pedir a revisão de forma administrativa no INSS.
Antes de ingressar com a ação é importante procurar um profissional para fazer o cálculo das contribuições feitas antes de 1994 para saber se vale a pena.
Entrar com pedido de aposentadoria no INSS (Instituto Nacional do Seguro Social) é sempre um mistério. Enquanto uns chegam a ter o pedido aprovado no mesmo dia, outros aguardam meses e até anos. A maioria dos casos, porém, envolve erro do solicitante e não a morosidade do INSS, segundo especialistas. Clique nas imagens acima e confira as dicas dos advogados especializados em direito previdenciário: João Badari, do escritório Aith, Badari e Luchin Advogados, e Daniela Castro, do escritório Vilhena Silva Advogados.
Economize | Márcia Rodrigues, do R7
#foconafonte : https://noticias.r7.com/economia/economize/aposentadoria-veja-quando-vale-a-pena-pedir-a-revisao-da-vida-toda-07062021
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