Questão jurídica principal
Whether the insured's full disability pension had to be reduced under the 2004 AI revision transitional rules.
Decisão extraída
The transitional provisions did not preserve a full pension, because the insured had not turned 50 on 1 January 2004 and his degree of disability no longer justified a full pension.
Fundamentação extraída
The court held that the 4th AI revision required adaptation only after examining whether the factual and legal circumstances had changed. Here, the health status had not materially worsened, but the earning-capacity comparison yielded at most 69% incapacity, below the 70% threshold for a full pension.