A configuração de danos morais perante a demora do INSS na análise de requerimentos de benefícios por incapacidade
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Date
2021-12-09
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Universidade Católica do Salvador
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.
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Keywords
Benefício por incapacidade, Demora administrativa, Dano moral, Responsabilidade civil, INSS, Disability benefit, Administrative delay, Moral damage, Civil responsability