UMA ANÁLISE DA COMPROVAÇÃO DO INÍCIO DE PROVA MATERIAL PREVIDENCIÁRIO ATRAVÉS DA SENTENÇA TRABALHISTA MERAMENTE HOMOLOGATÓRIA DE ACORDO EXTRAJUDICIAL

Abstract

This course conclusion work aims to analyze the labor sentence that merely ratifying an extrajudicial agreement as a basis for proving the beginning of material evidence in the social security sphere, with a view to understanding the most recent position regarding the probative force of the referred sentence in the obtaining social security benefits. This will happen through exploratory research, with the deductive approach method, in the qualitative research modality, applying analytical, interpretative and comparative procedure methods, with the indirect documentation research technique. The principle of the present work lies in the analysis of the main concepts relating to extrajudicial agreements, going through the process of voluntary jurisdiction for the approval of those said agreements and converging to the visualization of the procedural act resulting from it - the approval labor sentence. After this initial chapter, this work is guided by the verification of the main points, in social security matters, that are pertinent to the proposed problem, starting from the analysis of the most relevant aspects of Social Security in Brazil, specifically in the General Social Security Regime (GSSR), from the perspective of the employed worker, while it will deal with the contributory principle of social security law and social security contributions, ending with the study of the beginning of material evidence. Through the intersection of these themes, within the scope of the third chapter, the scientific and jurisprudential bias on the use of a labor sentence merely ratifying an extrajudicial agreement will be addressed as the beginning of material social security evidence, proving the status of insured person and the period of contribution of the employed worker to the GSSR. Furthermore, the relevance of the aforementioned study is also demonstrated, because if it were possible to use the aforementioned procedural act of sentencing, obtaining social security coverage would be more easily achievable for workers, especially those who are more insufficiency due to their social and personal conditions and even labourite. On the other hand, if it is demonstrated that there is no such possibility, with greater demands placed on workers trying to prove their right to social security benefits and services, an extremely pertinent obstacle for the lives of several workers in Brazil could be verified.