Overview
- Six justices backed rapporteur Alexandre de Moraes to cancel the 2022 pro-revision thesis and align the case with the Court’s 2024 mandate that calculations use wages from 1994 onward.
- Ministers Dias Toffoli, Luiz Fux and Edson Fachin have yet to vote, with the virtual session scheduled to conclude on November 25.
- The modulation forbids the recovery of amounts paid under provisional or final judicial decisions issued up to April 5, 2024.
- The Court also waived attorneys’ fees and accounting or expert costs for suits that were pending by the April 5 cutoff.
- Roughly 140,000 lawsuits are implicated and suspended cases should be released after the judgment, as the government had cited potential exposure of up to R$480 billion if the revision had stood.