In Brazil, Social Security rights are fundamental rights. However, social insurance is divided into two branches: by one side, Pensions Rights (also called Direitos Previdenciários), by the other, the Social Assistance Rights. The former exists to protect some special rights-holders from several social risks (health, death, injury, unemployment, old-age, etc., through regular payments made by the State. It works as a public insurance system directed by the Social Insurance National Institute (INSS). This paper maintain that several administrative embarrassments disturb too much seriously a regular acess to those payments by the needy citizens (right-holders). Likewise, it maintains that most part of such embarrassments are unjustifiable, therefore arbitraries. The main argument developed here concentrates on current procedures led by the INSS to restablish payments that have been canceled because of legal reasons endorsed by INSS that afterwards were recognized by the Courts as unfair reasons. We maintain that the current procedure to address such situation is not only unecessary, but arbitrary as well. As far as the constitutional rights are concerned, those circunstances seems evoking the german theorethical category known as “insufficient protection” as a concept that must be applied.
ADMINISTRATIVE ARBITRARY EMBARRASSMENTS AT BRAZILIAN SOCIAL SECURITY PROCEDURESRIDB (2014)
Citation InformationMaria Helena Pinheiro Renck. Carlos Luiz Strapazzon. "Embaraços ARBITRÁRIAS ADMINISTRATIVO EM PROCEDIMENTOS DA SEGURANÇA SOCIAL BRASILEIRA" RIDB 3.2 (2014): 1559-1585.