Ações revisionais de benefícios previdenciários: reflexos das ADIs 2110 e 2111 sobre os aposentados e pensionistas que ajuizaram a Revisão da Vida Toda

Abstract

This paper analyzes the impacts of the Brazilian Federal Supreme Court's (STF) decisions on Topic 1102 and the Direct Actions of Unconstitutionality (ADIs) 2110 and 2111, related to the constitutionality of Article 3 of Law 9.876/99, on the calculation of social security benefits. It is a monograph developed based on exploratory and documentary research, using bibliographic review and content analysis as methods. Initially, it provides a historical overview of legislative changes regarding social security calculations and contextualizes the judicialization of the topic in the STF. Subsequently, it describes the hermeneutic debate among the justices, juxtaposing constitutional principles with doctrinal interpretations. The findings assess the likelihood of retroactive application of the decisions to cases still pending judgment and whether it is possible to revise cases with final and unappealable judgments through rescissory actions, as well as investigate whether reimbursement of amounts may occur. The research also examines whether a potential modulation of effects could ensure legal certainty and equality within the social security system.