STJ limits INSS retroactive payments and approves automated benefit approvals

The Superior Tribunal de Justiça (STJ) has established new rules regarding retroactive payments for those suing the Instituto Nacional do Seguro Social (INSS). Under the decision for theme 1.124, retroactive payments for benefits such as pensions and maternity leave will no longer be calculated from the initial administrative request if the individual seeks judicial intervention before exhausting administrative channels. Instead, payments will be calculated from the date the lawsuit was filed or the institute was cited.

The STJ also authorized the use of automated systems (robots) for the approval of retirements, provided that they do not issue automatic denials without reviewing necessary documentation. If a document is missing, the system or a public servant must guide the applicant to provide it.

In a separate regulatory shift, the INSS is transitioning to mandatory biometric identification via the Carteira de Identidade Nacional (CIN). While biometric data from driver's licenses or voter registration is currently accepted, the CIN will become the sole acceptable biometric base for benefit movements starting January 1, 2028. A transition period is in place, with the CIN becoming a requirement for those without other valid biometric records by 2027.