Brazil Supreme Court allows INSS to cancel court‑approved disability benefits

The Superior Tribunal de Justiça (STJ) issued a unanimous ruling that the Instituto Nacional do Seguro Social (INSS) may administratively cancel disability benefits even when those benefits were granted by a final, unappealable court decision. The decision, based on Repetitive Theme 1157, affirms that the administrative process is autonomous and can proceed without a new judicial action, provided that due legal process is observed, including a medical examination. The ruling enables the INSS to review and withdraw benefits deemed improperly granted, potentially affecting thousands of beneficiaries across Brazil.

The judgment underscores the separation between administrative and judicial review in social security matters, signaling a shift toward greater procedural efficiency for the agency while maintaining safeguards for claimants.