Regional Class A Uniform (TRU) of Special Federal Courts (JEFs) of the 4th Region, by majority, acknowledged the insured as the condition of being unemployed, allowing you to increase the grace period provided by Law 8.213/91. The decision was taken during a meeting held last Friday (19/3), in Porto Alegre.

The agreement was adopted in an incident of uniformity brought by the National Institute of Social Security (INSS) against the decision of the 1st Class Appeals of Paraná who answered the request for a woman to recognize the quality of unemployed spouse, now deceased, who was employed autonomous.

The INSS has argued in his appeal before the TRU, the existence of divergent understanding in 2nd Panel of Appeals Paraná. However, when judging the case, the Panel considered that the Uniformity should be maintained that the decision recognizes the quality of the unemployed spouse of the perpetrator of the action and therefore the insured. Thus, the woman will be able to receive pension for the death of her husband.

As the federal judge Schenkel do Amaral and Antonio Silva, rapporteur of the case in the Regional Panel, "there is no way rule out the condition of the insured unemployed as well." He points out that Law 8.213/91 (which has plans for Social Security benefits) does not limit the extension of the grace period to policyholders who were employed. Thus, the magistrate concluded, "must be applied to all categories of insured persons without distinction, under penalty of affront to the principle of equality."

The grace period provided for in Law 8.213/91, is one in which the individual does not contribute to the system and not lose the condition of the insured.

IUJEF 2008.70.51.003130-5/TRF (Source: www.trf4.gov.br , accessed on 03/24/10)