Questão jurídica principal
Whether Y.'s action to supplement the divorce judgment was admissible despite the failed pension split and prior procedural history.
Decisão extraída
The civil courts could validly entertain the action for equitable compensation under Art. 124 CC; the absence of an earlier official referral from the social insurance judge caused no prejudice to Y.
Fundamentação extraída
The Federal Court held that when a pension split cannot be executed, the social insurance judge must refer the matter ex officio to the civil court. Since that was not done, Y. could still seek the statutory equitable compensation; requiring a fresh procedural act from her would contradict the mandatory divorce pension regime.