A (IR) REPETIBILIDADE DO BENEFÍCIO PREVIDENCIÁRIO RECEBIDO DE BOA FÉ MEDIANTE CONCESSÃO DE TUTELA ANT

Abstract

The subject of this research is the non-repeatability of social security benefits, more specifically when granted through advance protection that will later be revoked, which is justified due to the recent revision of the understanding signed in a repetitive thesis, by the First Panel of the Supreme Court of Justice, through Theme nº 692. The general objective of the present study is to verify if, in cases of revocation of a precarious decision that granted a social security benefit, the non-repeatability of the benefits or the mandatory reimbursement of the values to the treasury should prevail and, for that, it is analysis of social security as a fundamental right and the principles that reinforce it, the examination of the social security process together with the reversal of the anticipated guardianship, the study of the understanding of the STF and the STJ, as well as the investigation of the incidence of the guaranteeing principles of the individual and of the protective principles of the treasury and their respective impacts on the issue in question until. Thus, through the bibliographic method, with a qualitative approach and exploratory objective, it is possible to verify that, although recently reanalyzed, the jurisprudential understanding on the subject is still restricted to a strictly proceduralist view, giving supremacy to administrative principles to the detriment of the principles of human dignity , good faith and non-repeatability and unseizability of alimony.