Feb 13 β€’ 21:17 UTC πŸ‡§πŸ‡· Brazil G1 (PT)

STF forms majority to prohibit performance bonuses for retired INSS servers

The Brazilian Supreme Court decided that retired servers of the Social Security Career are not entitled to performance bonuses due to their status as retirees.

The Brazilian Supreme Court (STF) is currently deliberating on a resource concerning whether retired servers of the Social Security Career are eligible for the Performance Gratification of Social Security Activity (GDASS). This examination commenced on Friday, the 6th, and is expected to conclude on the 13th at 11:59 PM. The fundamental legal question is centered around the interpretation of parity in remuneration for retired public servants, a key principle that allows them to receive the same raises as active employees.

The case was brought forward by the National Institute of Social Security (INSS) which challenged a decision from the Special Federal Court in Rio de Janeiro. The latter had ruled that the INSS was obliged to extend performance bonuses to retired public servants based on their claims of parity. The Rio de Janeiro Justice argued that retirees should benefit from the same pay increases as their active counterparts, thus justifying their claim to the GDASS payments.

However, during the hearings at the STF, the minister CΓ‘rmen LΓΊcia, who is the rapporteur for the case, voted against the INSS's appeal. She emphasized that performance bonuses are contingent upon an employee's participation in work evaluations, which, by definition, retirees cannot fulfill. As a result, the majority opinion among the Justices aligned with her ruling, indicating that retirees are not entitled to these performance bonuses, thereby setting a significant precedent for future cases involving public servant remuneration rights.

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