The constitutionality decision of ADI 2111: an analysis of its implications for the review of the whole life’ set out in RE 1276977

Abstract

The article discusses the Revisão da Vida Toda in the Brazilian social security system, a proposal that seeks to include all contributions made throughout the insured's working life in the calculation of retirement benefits, including those prior to July 1994, which were excluded by Law No. 9,876/99. This exclusion disadvantaged workers who had higher salaries before that date. The Supreme Federal Court (STF), in its judgment of Topic 1102, recognized the right to this revision, but the decision sparked debates about the costs to the social security system, with estimates ranging from R$ 18.1 billion to R$ 360 billion. The study's objective is to analyze the legal, social, and economic impacts of this decision, focusing on the insured individuals and the National Social Security Institute (INSS). The methodology includes the analysis of judicial decisions, legal documents, and economic studies. The article concludes that, although the revision is fair for many insured individuals, there is a need to balance the protection of rights with the financial sustainability of the Social Security system. The application of the Revisão da Vida Toda should be approached with caution, considering the economic impacts and the specific circumstances of each case.