Limbo previdenciário: a possibilidade de aplicação de dano moral ante a mora e os erros do INSS

Abstract

The Article 41-A, § 5o, of the Law no 8.213/91, the Article 49 of the Law n° 9.784/99 and the Federal Supreme Court (STF), in the trial of the Extraordinary Appeal no 1171152, set a deadline for the National Institute of Social Security (INSS) analyzes the requests of social security benefits, including the benefits for disability. However, in the absence of legal consequences, the INSS repeatedly misses the deadline. With that, the unable worker is impelled to the pension limbo, vunerable position. Equally, the isured who had his social security benefit improperly denied suffer the consequences of the pesion limbo. The objective of this work is to analyze the possibility of applying the moral damage institute in view of the errors and delays of the INSS in the requests of benefits for disbility. This objective will have reach from a exploratory and bibliographic search, allowing familiarization with the subject matter in question, so that you can understand the terms in debate, mainly pension legal limbo and pension moral damage, so that the subject be analyzed under the optics of the pension principles; in addition to documental to seek the access to the legal devices and the case law, in order to understand wich is legal interpretation and case law of the theme. It refers to a pure research, being observed that the end of such research is enlarge the knowlegde about the theme. The pesion limbo causes damages to the social insured that wasn’t protect for the INSS, the application of social security moral damage to the insured that was imposed on the pension limbo must serve as a way of both inhibit the delay/errors in the decision on any administrative appeals, as well as to indemnify psychological damage suffered by the injured.