Unanimously, the Plenum of the Supreme Court (STF) granted, on Wednesday, the Writ of Mandamus (MS) 27 185, ensuring that the labor inspector in Paraíba Gildo Scott Silveira, retired 14 years ago, the right to continue having computed for the purposes of his retirement, the time he worked as a student-learner in public technical school.

Retired in 1994 and incorporating such benefit under 96 Summary of the Court of Audit (TCU), in 2008 he received a letter informing the Court of Auditors changing understanding about the issue and that he should return to work, the previous condition, to complete the service time that was needed to retire.

It is this decision that he appealed to the Supreme Court, by way of injunction. Unanimity among the ministers present at the session on Wednesday endorsed the vote of the Minister Carmen Lúcia Rocha Antunes, draftsman, according to which the benefit should be kept in mind the principles of legal certainty, confidence and good faith, since TCU had changed their understanding of the subject after the retirement of the labor inspector.

According to the minister, the time between 1994, when he retired, and 2008, when he received correspondence from TCU, had already settled a situation, incidentally created by TCU's own understanding.

96 For the summary, should be told the service time as a student apprentice in public school work, since proven retribution payment on account of the Union Budget

The minister noted that his vote was based on the jurisprudence of the Supreme Court itself. The Minister Cezar Peluso, to monitor the vote, recalled that the Supreme Court have reached similar cases in which the TCU wanted to remove the statement of the period of student-learner, after the server was retired 20 years ago.

Source: www.stf.jus.br