Aposentadoria por invalidez e a celeridade sob a ótica da dignidade humana

Abstract

The research seeks to demonstrate that the Brazilian State disregards the application of human and fundamental rights when it ceases to support, in advance, the applicant for disability retirement. The slow response from the state / judge fosters the misery and discouragement of many Brazilians. To this end, we intend to answer the following research question: The slowness in the response of the INSS and the judiciary bring what consequences for the applicant for disability retirement? Its main objective was to demonstrate that procedural delays affect the human dignity of the insured who claim retirement due to disability. The secondary objectives: a) to identify the legal phenomenon of disability retirement, b) to point out the procedural trajectory of the request for disability retirement and c) to raise the ills that affect the jurisdiction that cannot anticipate protection at the beginning of the claim judicialized. He carried out a theoretical study on the subject, then promoted an update of the literature and raised jurisprudential attitudes of the Brazilian courts. Reality was explored through interviews, the manager of the local INSS agency, a manager and a judicial technician, and, finally, a court of law who filed for invalidity retirement claims. The data captured from reality were studied through content analysis. It intends to collaborate with scientific knowledge to the extent that it will bring to light the reality that shouts: the INSS client must be respected by the Brazilian State. For future studies it is intended to study, observing the last 10 years of the judgments of the Federal Court of Barra do Garças/MT, the social and political perceptions of the jurisdictions that received the effects of the anticipation of guardianship, with those who did not succeed. As well as the possibility of recovering the amounts advanced by court order, against the backdrop of the Brazilian and Portuguese courts. The present work has 3 chapters that expose the elements of the research, the exercise of the right to sue the state to apply for disability retirement and to demonstrate the reality. At the end, there are the concluding notes, future studies and references.