I've lived abroad for more than 5 years. Can I still file?
Yes. The 5-year statute of limitations refers to the withholding period that can be refunded — meaning you can only recover what was withheld in the past 60 months. But the lawsuit itself can be filed at any time, as long as you still receive the Brazilian benefit abroad. The sooner you start, the more months of refund you capture.
Do I need to travel to Brazil for this case?
No. The entire process is 100% remote. Power of attorney can be signed digitally, at a Brazilian consulate in your country of residence, or through recognized platforms (e-Notariado, ICP-Brasil digital certificate). There is no court hearing or act requiring your physical presence.
How much does it cost to file this case?
You pay nothing to start. Initial consultation via WhatsApp is free. I work on a hybrid fee model: a small fixed amount to open the case and a percentage on success (only if you win and receive the refund). All amounts and the model are presented in writing before any signature.
How long until I receive the refund?
It depends on the Federal Court where the case is assigned and the volume in the Federal Justice system at that time. Average is 12 to 24 months until the final ruling and payment via RPV (Small Value Request) or precatório (judicial order). Urgent cases (advanced age, serious illness) may receive priority handling.
Will the refund be deposited in Brazil or abroad?
The refund is deposited in a Brazilian bank account. From there, you choose: keep it in Brazil, or transfer to your account abroad using certified foreign exchange (Wise, Remitly, Avenue, or traditional banks). I advise on the most economical and regulated path for your situation.
What if I already pay tax in my country of residence? Isn't this double taxation?
Good question. Brazil has double taxation treaties with several countries (Portugal, Italy, Spain, Argentina, Chile, etc.) that prevent exactly this issue. In some cases, you can even offset the Brazilian tax against what you pay abroad. I analyze each situation individually to find the best strategy.
I'm a public servant or military retiree. Does this apply to me?
Yes, with particularities. STF Theme 1174 focuses on benefits paid by INSS, but the legal logic (unconstitutionality of the flat 25% withholding) also applies to retired public servants and military personnel abroad — requiring case-by-case analysis. Tell me your situation on WhatsApp and I'll confirm your eligibility.
I have dual citizenship. Does that change anything?
No. What matters for Theme 1174 is where you reside fiscally — not your nationality. If your tax residence is abroad, you fall within the scope of the decision, even with dual citizenship.
