On 11 May, our partner Flavio Martins Rodrigues and our partner Fernanda Rosa took part in the webinar “Litigation in Closed-End Supplementary Pension Schemes: Legal Trends and Challenges for 2026”, organised by Abrapp – the Brazilian Association of Closed-End Supplementary Pension Schemes.
Joined by Alexandra Leonello Granado, Fábio Souza, Frademir Oliveira and Rodrigo Belo, they discussed the progress of the closed supplementary pension sector towards a litigation management model that is more risk- and strategy-oriented. To this end, they spoke about recent achievements resulting from the sector’s engagement with the Judiciary, particularly the Superior Court of Justice (STJ).
Flavio mentioned the case of Thesis 24 of the Superior Labour Court (TST), which unanimously ruled out the liability of sponsors for plan deficits within the Labour Court system, determining that this matter is of a civil nature. In his view, the decision protects the system from a disincentive for sponsors to remain in the system.
Fernanda spoke about the need for technical grounds from the outset of legal proceedings and outlined the evolution of the jurisprudential framework, covering milestones such as STJ Themes 955 and 1021 and TST Theme 20. She reiterated that dialogue between the lawyer and the actuary must be present from the very first pleading. “We need to think strategically right from the drafting of the pleadings,” she pointed out.