Post by account_disabled on Mar 6, 2024 2:42:33 GMT -6
The payment of R$ million that the INSS PFEINSS would make to the State Bank of Rio de Janeiro Banerj to remunerate any negative balance in the account intended for the payment of social security benefits by linked agencies is undue. The decision is from the Federal Regional Court of the nd Region. The court understood that it cited the theory of one's own acts according to which no one can go against one's own acts. It prevents a person from contradicting their previous conduct causing harm to those who trusted their initial attitude.
There was a loss of the Appellant's right to charge the difference in values – referred to in clause XVIII – due to the theory of own acts which despite being recognized in the context of private relationships can be easily transplanted to the type of continuing legal relationship that existed due to the Agreement celebrated said the rapporteur minister Guilherme Calmon Nogueira Gama.
In the first instance the bank had the request denied. He BTC Number Data then appealed to the Federal Regional Court of the nd Region where he was also unsuccessful. For the bank the INSS would be obliged to pay through a contractual clause. This reimbursement would have to be made at the same index established by the Central Bank Bacen to remunerate the cost of liquidity loans taken out from Bacen.
The Federal Attorney General's Office AGU through the Specialized Federal Attorney's Office at the INSS PFEINSS observed that Banerj for a reasonable period of time received without questioning or challenging the payments made by the extinct Institute of Financial Administration of Social Security and Assistance IAPAS without considering the changes made by Bacen Resolutions and This behavior demonstrates that the bank disrespected the rules of the agreement signed with the INSS accepting contractual changes.
The bank alleged that in the period from December to March the INSS paid a lower rate than what was contractually established because it did not adjust the value in accordance with monetary correction and the new Bacen resolution. Therefore he asked for the difference between the amount paid and what he considered owed. With information from the AGU Press Office.
There was a loss of the Appellant's right to charge the difference in values – referred to in clause XVIII – due to the theory of own acts which despite being recognized in the context of private relationships can be easily transplanted to the type of continuing legal relationship that existed due to the Agreement celebrated said the rapporteur minister Guilherme Calmon Nogueira Gama.
In the first instance the bank had the request denied. He BTC Number Data then appealed to the Federal Regional Court of the nd Region where he was also unsuccessful. For the bank the INSS would be obliged to pay through a contractual clause. This reimbursement would have to be made at the same index established by the Central Bank Bacen to remunerate the cost of liquidity loans taken out from Bacen.
The Federal Attorney General's Office AGU through the Specialized Federal Attorney's Office at the INSS PFEINSS observed that Banerj for a reasonable period of time received without questioning or challenging the payments made by the extinct Institute of Financial Administration of Social Security and Assistance IAPAS without considering the changes made by Bacen Resolutions and This behavior demonstrates that the bank disrespected the rules of the agreement signed with the INSS accepting contractual changes.
The bank alleged that in the period from December to March the INSS paid a lower rate than what was contractually established because it did not adjust the value in accordance with monetary correction and the new Bacen resolution. Therefore he asked for the difference between the amount paid and what he considered owed. With information from the AGU Press Office.