A relativização da coisa julgada nos processos judiciais previdenciários de concessão de auxílio por incapacidade temporária

Abstract

The study aimed to understand the procedural institute of res judicata in social security judicial processes for the granting of temporary incapacity benefits, with the purpose of investigating the departure of the procedural institute in social security causes. The methodology chosen for the research was bibliographic review, with an inductive approach, through doctrine, articles, and jurisprudence relevant to the topic. From this, an analysis of procedural concepts necessary for the understanding of the topic was carried out, such as acquired rights, perfect legal act, and res judicata (formal and material). In addition, some introductory notions of Social Security were explored, as well as temporary incapacity benefits, as well as their administrative and judicial procedures. Furthermore, an investigation was made regarding constitutional grounds, such as rights, guarantees, principles, and objectives that allowed for the departure of res judicata in judicial processes for granting temporary incapacity benefits, even after the insured had claims judged unfounded by the Court at an earlier time. In light of the research, the results showed that the jurisprudence of the Federal Regional Courts of Brazil in the 1st, 2nd, 3rd, 4th, and 5th regions choose to set aside res judicata in social security actions on the grounds that the factual situation changes with each new request, especially because there is the emergence of a new pathology or worsening of an existing illness