Lifetime review: what the STF decided
The STF struck down the lifetime review. Understand what was decided, who does not have to return amounts and which reviews may still be worthwhile.
Sidnei Pedro Dias
9/26/20261 min read
The "lifetime review" allowed contributions made before July 1994 to be included in the retirement calculation when that was more favorable to the insured person. The thesis was recognized by the STF in 2022, but was later overturned. Today it is no longer possible.
What the STF decided
In March 2024, ruling on direct actions of unconstitutionality 2110 and 2111, the STF upheld the transition rule of Law 9.876/1999, which in practice ruled out the lifetime review. In November 2025, the Court cancelled the favorable thesis it had set in 2022 under Topic 1102. In May 2026, by 8 votes to 2, it rejected the last appeal against that decision.
Do those who received amounts have to pay them back?
The STF protected those who received amounts under court decisions, final or provisional, issued up to April 5, 2024: these people do not have to return what they received. The Court also waived loss-of-suit fees, court costs and accounting examination costs for those with cases pending on that date. Anyone with a case on the topic should check with their lawyer how the decision applies to their specific situation.
Is there still a review worth pursuing?
Yes. The lifetime review is over, but other reviews are still possible, within ten years from the first payment (art. 103 of Law 8.213/1991). The most frequent include:
Inclusion of work periods missing from the CNIS
Recognition of special activity (unhealthy or hazardous) not considered by the INSS
Inclusion of rural work or military service time
Correction of contribution salaries recorded at a lower value
Application of a more favorable calculation rule the insured person was already entitled to
The review starts with the award letter and the CNIS statement, comparing what the INSS considered with the actual work history. See also the 2026 retirement rules and our page on social security law.
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Informational content, in accordance with Provision 205/2021 of the Federal Council of the Brazilian Bar Association (OAB). Each case requires individual analysis. Information updated in September 2026.