A configuração de danos morais perante a demora do INSS na análise de requerimentos de benefícios por incapacidade

Abstract

This article aims to expose the configuration of moral damages in the face of the INSS’s delay in analyzing the administrative requirements of benefits for temporary and permanent disability, since the insured, once unable to work, to provide for their own support, it is essential that they be swift the administrative response, at the risk of the individual being subjected to a condition of misery, and also of his illness worsening due to the lack of financial resources to the treat his illness, since the benefit required is the income that replaces the worker’s salary when incapacitated. The guiding question of this work is the fact that the problems caused by the delay of the Autarchy are not a mere annoyance, but an attempt against the beneficiary’s own life, by the absence of the guarantee of the existential minimum, causing a significant disruption of the individual’s morale, in view of the food character of the benefit. Here it will be proven that the omission perpetrated by the INSS characterizes civil liability with compensation for moral damages, violation of the rights of the beneficiary-insured of Social Security, an affront to the principle of human dignity and the principle of reasonable duration of the process. In this way, it will be demonstrated that the conviction of moral damages is a means that guarantees the effectiveness of fundamental rights in light of the Magna Carta, which provides for a protective system for social rights, specifically here Social Security in order to provide coverage for social risks. Finally, it is worth noting that this article is predominantly bibliographic in nature, and the selection criteria for scientific articles were restricted to scientific productions that address the subject in the Brazilian legal system, in national journals, institutional repositories, doctrines, legal journals and jurisprudence.