The death of a widow from a political amnesty does not entail a suspension of compensation

The 5th Bench of the Federal District Court for the 1st Circuit (TRF1) understands that retroactive amounts paid to a widow under a political amnesty cannot be suspended after her death. upholding the verdict and dismissing the Union’s appeal because the remaining amount, R$ 159,798.63, refers to what the widow should have received while she was alive.

The Union argued in the appeal (0026975-43.2014.4.01.3900) that the economic compensation, in a continuous, permanent and monthly position, referred to in paragraph II of the article. 1 of Law 10.559/2002 is a specific amnesty compensation and is not transferable to the beneficiary’s independent heirs. In this particular case, there was a suspension of outstanding retroactive amounts.

In reviewing the case, the rapporteur, Federal Judge Souza Prudente, affirmed that the verdict should be upheld because it was in line with the Supreme Court and Justice (STJ) ruling, which the magistrate quoted as saying “retroactive amounts relating to economic compensation due by virtue of granting a political amnesty, are of a compensatory nature, entering the patrimonial sphere of inheritance after the death of the amnestied.

The Board’s decision was unanimous in terms of the speaker’s vote.

According to the Federal District Court for the 1st Circuit (FRC1).

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