Aposentadoria Por Tempo De Contribuição Petição Inicial Template for Brasil

A Aposentadoria Por Tempo De Contribuição Petição Inicial é o documento essencial para iniciar o processo judicial quando você precisa garantir seu direito à aposentadoria por tempo de contribuição no Brasil. Este documento formal é necessário quando o INSS nega seu benefício administrativamente ou quando você busca o reconhecimento judicial do seu direito previdenciário baseado no tempo de contribuição.

When do you need this document?

You need this petition when the INSS has denied your retirement benefit application despite having completed the required contribution period. It's also necessary when there are disputes about your contribution time calculation, when you need to include periods not recognized by the social security system, or when seeking judicial recognition of special working conditions that reduce the required contribution period. Additionally, you'll use this document when transitioning between the old and new retirement rules after Constitutional Amendment 103/2019, ensuring you receive the most favorable calculation under the transition rules.

Key legal considerations

Your petition must include comprehensive personal qualification with complete identification data including RG, CPF, PIS/PASEP, address, profession, and marital status. The factual section requires a chronological narrative of your entire working life, documenting all contribution periods and employment relationships with supporting evidence. Legal grounds must reference Constitutional Article 201, Law 8.213/91, and applicable transition rules from Constitutional Amendment 103/2019. You must specify whether you're claiming retirement under the old rules, transition rules, or new permanent rules, as each has different requirements and calculation methods. Include requests for retroactive payments, future monthly benefits, and any applicable increases or corrections to your benefit amount.

Legal requirements in Brasil

Under Brazilian law, your petition must comply with Civil Procedure Code requirements and specific social security legislation. Men need 35 years of contribution and women need 30 years under the old rules, while new rules require minimum ages combined with contribution time. The petition must be filed in the competent federal court with jurisdiction over your residence. You must demonstrate exhaustion of administrative remedies unless there's legal justification for direct judicial action. Include all relevant documentation such as CNIS (National Registry of Social Security Information), employment contracts, contribution receipts, and any medical evidence for special conditions. The petition value must reflect 12 months of expected benefits for court fee calculation purposes. Ensure compliance with IN INSS 77/2015 requirements for benefit recognition and include requests for legal interest and monetary correction from the due date.