Overview
- The Supreme Federal Court reconvened on Nov. 5 to decide ADC 90, then Alexandre de Moraes requested a view and interrupted the judgment, saying he would return the case quickly.
- Flávio Dino presented his opinion to prohibit age-based increases in older contracts with no retroactive effects, framing such adjustments as future events.
- The court is coordinating ADC 90 with RE 630832, in which a recorded majority had voted to block increases when the beneficiary reached 60 after the statute took effect, and President Edson Fachin withheld the proclamation to align outcomes.
- Earlier virtual votes showed relator Dias Toffoli opposing retroactive application of the Statute of the Elderly, with Gilmar Mendes favoring applying it to contracts renewed after 2003 and André Mendonça and Cristiano Zanin joining Toffoli.
- Industry groups Unidas, Abramge and Unimed warn that limiting these increases could push smaller operators toward insolvency and affect at least 1.1 million users, citing a joint study.