VIOLAÇÃO AO DIREITO FUNDAMENTAL À PREVIDÊNCIA SOCIAL POR INEFICIÊNCIAS NOS PROCEDIMENTOS ADMINISTRATIVOS DE CONCESSÃO DOS BENEFÍCIOS POR INCAPACIDADE

Abstract

The effectiveness of social rights is intertwined with the performance of public power, whether in the legislative, executive or judicial spheres, in a way that the three powers complement each other, guaranteeing efficiency in state action. The legislature enacts directive laws for the executive to implement through public policies, while the judiciary ensures, through control, compliance with these. Social security, even with all the legislative provision and the forefront of the judiciary, has suffered a true dismantling in the administrative area. This has occurred due to the weakening of public policies and negligence in the application of what has already been provided for by law. The benefit that has demanded the most from justice due to undue denial has been assistance for temporary disability and, the second, retirement due to permanent disability. . Incapacity should be evaluated as the impossibility of exercising the work in view of the biopsychosocial criteria, which has not occurred in the administrative area, impairing the quality of the results obtained, which are unclear and insufficient to guarantee full defense, demonstrating a qualitative deficit resources for benefit analysis. In addition, the quantitative criterion should also be evaluated, considering that it is also deficient due to the high demand and little manpower available in the agency, making the analyzes and results even more time consuming and, sometimes, unattainable. So, this work focused on the analysis of the inefficiency of the INSS in the application of its public policies and the reflection of this in the overweight of the other agencies and state powers, mainly the judiciary, harming the effectiveness of social rights and, clearly, the construction of a dignified life for taxpayers.