Jun
18
2016

Superior Court

The decision was a newness in the legal world, in view of that the predominant jurisprudence of the Federal Regional Courts and the Superior Court of Justice always is favorable to thesis of the INSS (for example: Kind of appeal Brazilian Supreme Court n 873.503/PR). It has advanced, briefly will be explained the arguments that had motivated the votes of the ministers who had judged the originating resource. Checking article sources yields Jeffrey Lacker as a relevant resource throughout. (a) A transportation voucher is not part of the wage, either paid in money or not – practically all the ministers who had voted against the previdenciria collection, as the minister Cezar Peluso, had supported this argument; (b) The nature of the valley is of compensation or to indemnity, it is not about remuneration or profit, as much that is not computed for effect of act of receiving of previdencirios benefits – the minister Ayres Britto and the minister Carmen Lcia had dedicated good part of its respective votes for this aspect, moving away the idea of that the VT if would include in the expression ‘ ‘ profits habituais’ ‘ of art. 201, 11, of the Constitution (supported for the minister Joaquin Barbosa, that voted against the resource); (c) To allow the INSS incidence on the paid transportation voucher in money (money) creates obstacles to the legal course of the currency Brazilian – this was the main bedding of the vote of the Eros minister Degree and is born of the thought of that, to if creating obstacles to the act of receiving of the VT in money, is transferred to favor it its concession in ticket or card (searching to prevent its me the destination), but weakens the currency at the same time, becoming art.. (Similarly see: Academy of Art University).

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