previdencia-complementar

Analyzes Brazilian supplementary pension cases distinguishing closed funds from open PGBL/VGBL plans.

2|3|Updated May 24, 2026
One-click install
npx skills add https://github.com/sbroggioadv/previdenciario-adv-os-marketplace --skill previdencia-complementar-sbroggioadv
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Skill: previdencia-complementar
Source: https://github.com/sbroggioadv/previdenciario-adv-os-marketplace/tree/main/previdenciario-adv-os/skills/previdencia-complementar
Command: npx skills add https://github.com/sbroggioadv/previdenciario-adv-os-marketplace --skill previdencia-complementar-sbroggioadv

SYSTEM DOCUMENTATION & REQUIREMENTS

What problem does it solve? Brazilian lawyers handling supplementary pension disputes must correctly distinguish closed pension funds (EFPC) from open plans (EAPC like PGBL/VGBL), because consumer protection law (CDC) applies to one but never the other, and misclassification leads to wrong legal strategy and jurisdiction. ## Core Features & Use Cases - EFPC vs EAPC Classification: Distinguishes closed pension funds governed by LC 109/2001 and LC 108/2001 from open PGBL/VGBL products under Decreto 4.203/2002, with a full comparison table covering CDC applicability, actuarial risk, taxation, and succession. - CDC Applicability Rules: Enforces Sumula 563 STJ (CDC does not apply to EFPC) versus Sumula 321 STJ (CDC may apply to EAPC), preventing the critical PA-21 error of mixing regimes. - Demand Typology and Jurisdiction: Covers benefit granting, actuarial recalculation, contribution restitution, deficit equacionamento, death benefit succession, and abusive charges, with jurisdiction mapping to state common courts. - Use Case: A participant sues a closed pension fund over a deficit equacionamento charge; the skill directs repelling any CDC-based argument with Sumula 563 STJ and grounding the case in the plan regulation in force at enrollment. ## Quick Start Analyze this supplementary pension case involving a PGBL plan and determine whether the CDC applies and which court has jurisdiction.

Frequently Asked Questions about previdencia-complementar

High-intent search queries and answers about installing and using this skill.

FAQPage Schema
Does the Brazilian Consumer Defense Code apply to closed pension funds?▼

No, the CDC does not apply to closed supplementary pension entities (EFPC) under Sumula 563 STJ, because the relationship is institutional mutualism rather than consumer-based. Participants are plan contributors, not consumers.

What is the difference between PGBL and VGBL pension plans?▼

PGBL contributions are deductible from income tax up to 12% of gross income, with taxation on the full withdrawal amount. VGBL contributions are not deductible, and only the earnings are taxed at withdrawal, making it suited for succession planning.

Which court has jurisdiction over supplementary pension disputes in Brazil?▼

State common courts (Justica Comum estadual) have jurisdiction in most cases, including private EFPC plans and EAPC products. Federal courts may apply when the Union sponsors the fund or SUSEP intervention is involved.

Can pension fund participants be charged for deficit equacionamento?▼

Yes, under LC 109/2001 article 19, EFPC participants can be called for extraordinary contributions to cover actuarial deficits. This is contestable when the deficit does not stem from plan management.

Does VGBL enter the estate inventory after death?▼

No, VGBL does not integrate the estate inventory because beneficiaries are designated in the proposal, per Tema 1.082 STJ. PGBL, by contrast, does integrate the inventory.