In an article published on the Migalhas portal, our lawyer Pedro Oliveira provides an analysis of the increase in the judicialisation of private pensions in 2024.

According to the author, the Justice in Numbers Report by the National Council of Justice (CNJ) indicates an increase of 9.4% in the filing of lawsuits, organised into major areas of law, in the following areas: (i) social security; (ii) tax; (iii) labour; and (iv) health.

Specifically with regard to social security lawsuits, the author states that the report emphasises that ‘(…) in the Federal Courts, there is a high number of social security lawsuits, among which temporary incapacity benefit is the most recurrent sub-theme, followed by retirement due to permanent incapacity, age or length of service, which appear in the list of the five largest matters in the segment.’

‘Considering the similarity of the factual situations that give rise to the filing of lawsuits in the official system (indicated above) and the supplementary pension system, it is possible to estimate the increase in the judicialisation of these relationships, even though the report does not detail the filing of lawsuits related to private pensions. (…) Without pretending to undertake a final analysis of the data presented by the CNJ report and even in the absence of specific treatment of private pensions, it is certain that the figures represent indicators for reflection by the managers of EFPCs and their sponsors.’

Check out the full text: https://lnkd.in/djqNhFjh