In an article published by Migalhas, our senior partner Flavio Martins Rodrigues, our partner Thiago Araújo and our solicitor Ana Luiza Moerbeck analyse the Supreme Court’s decision to recognise the Federal Court of Accounts’ (TCU) jurisdiction to oversee pension funds.
In the article, however, they emphasise that this interpretation does not appear to be the most appropriate given the constitutional framework governing the supplementary pension system, since pension funds are private in nature and manage resources that do not qualify as public funds. They also explain that the existence of a state sponsor does not mean that the State assumes the full financial risk of the schemes and that, by admitting the TCU’s external oversight on the basis of this potential fiscal exposure, the STF appears to presuppose a more direct relationship between actuarial deficits and public assets than that expressly provided for in the legal framework governing supplementary pensions.