Post by anik4200 on Feb 18, 2024 6:30:01 GMT -5
According to the principle of legality or legal reserve. For this reason, he added, there is no way to force large limited companies to publish their financial results. With information from the press office of the Superior Court of Justice.Having proven the most advantageous calculation for the author of the action, the Special Civil and Criminal Court Attached to the 1st Federal Court of Pouso Alegre (MG) condemned the National So Special Phone Number Data cial Security Institute (INSS), last week, to promote the so-called "revision of the whole life" upon retirement of an insured person within 30 days. Marcello Casal Jr./Agência Brasil Author requested application of a thesis already recognized by the STF and the STJ Marcello Casal Jr./Agência Brasil The author asked that contribution periods prior to the Real Plan of July 1994 be considered when calculating his retirement — contrary to what was stipulated by the 1999 Social Security reform .
Judge Tânia Zucchi de Moraes recalled that both the Federal Supreme Court and the Superior Court of Justice have already validated the lifetime review. The first to decide favorably on the topic was the STJ, in 2019, in a judgment on repetitive appeals. The STF confirmed the understanding in December last year, in a judgment with recognized general repercussions. "In the case of decisions made in repetitive special appeals and extraordinary appeals with general repercussions, this court has the duty to observe them", pointed out the judge. Based on the calculation spreadsheet presented by the insured, the initial monthly income calculated by the INSS reached a value of almost R$2,400. The revised calculation, with the inclusion of contributions prior to 1994, resulted in a total of approximately R$4,600.
This is an important precedent that reaffirms the viability of the whole life review thesis already proclaimed by the STF, despite the INSS continuing to create obstacles to its fulfillment", comments researcher and professor Sérgio Salvador , who is the lawyer for the case.The Minister of the Superior Court of Justice Rogerio Schietti Cruz granted Habeas Corpus to replace the preventive detention of the model Bruno Fernandes Moreira Krupp with other precautionary measures, which he understood to be more appropriate and sufficient for the case. reproduction For Schietti, there are sufficient measures to prevent the defendant from committing a new crime. With the decision, Krupp will have to wear an electronic ankle bracelet, in addition to observing the following orders: nighttime home confinement; prohibition of driving a vehicle; periodic appearance in court; and prohibition on leaving the district without judicial authorization.
Judge Tânia Zucchi de Moraes recalled that both the Federal Supreme Court and the Superior Court of Justice have already validated the lifetime review. The first to decide favorably on the topic was the STJ, in 2019, in a judgment on repetitive appeals. The STF confirmed the understanding in December last year, in a judgment with recognized general repercussions. "In the case of decisions made in repetitive special appeals and extraordinary appeals with general repercussions, this court has the duty to observe them", pointed out the judge. Based on the calculation spreadsheet presented by the insured, the initial monthly income calculated by the INSS reached a value of almost R$2,400. The revised calculation, with the inclusion of contributions prior to 1994, resulted in a total of approximately R$4,600.
This is an important precedent that reaffirms the viability of the whole life review thesis already proclaimed by the STF, despite the INSS continuing to create obstacles to its fulfillment", comments researcher and professor Sérgio Salvador , who is the lawyer for the case.The Minister of the Superior Court of Justice Rogerio Schietti Cruz granted Habeas Corpus to replace the preventive detention of the model Bruno Fernandes Moreira Krupp with other precautionary measures, which he understood to be more appropriate and sufficient for the case. reproduction For Schietti, there are sufficient measures to prevent the defendant from committing a new crime. With the decision, Krupp will have to wear an electronic ankle bracelet, in addition to observing the following orders: nighttime home confinement; prohibition of driving a vehicle; periodic appearance in court; and prohibition on leaving the district without judicial authorization.
