Acesso à justiça e tutela previdenciária
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Data
2025-05-28
Autores
Lima, Raphaela Fernanda Cruz de Sousa
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Universidade Federal do Espírito Santo
Resumo
This research investigates access to justice within the Brazilian social security system, focusing on the requirement of prior administrative request as a condition for initiating lawsuits against the INSS. It analyzes the impact of this requirement on vulnerable individuals, in light of Supreme Federal Court (STF) Topic 350, and its effects on effective access to justice. The methodology includes literature review, document analysis, and an empirical study of the judicialization of social security claims. The study examines the influence of Mauro Cappelletti and Bryant Garth's renovatory waves on access to justice in Brazil, with an emphasis on the third wave, and compares this approach with the requirement of the INSS administrative phase, established in Extraordinary Appeal 631.240/MG. The research evaluates whether this procedural condition facilitates or obstructs access to justice, particularly for the most vulnerable. The analysis of Extraordinary Appeal 631.240/MG, in light of the theory of precedents, explores its ratio decidendi and the chain of subsequent rulings in the STF and STJ. It also investigates whether the INSS administrative phase can be an instrument for implementing social security rights or if it represents an obstacle to the realization of social rights. The results indicate that, although the administrative requirement aims at dejudicialization and system rationalization, it has created significant barriers to access to justice, particularly for vulnerable individuals. The research proposes interpretative alternatives to make this administrative phase more flexible, based on the theory of precedents and the principle of protection for the vulnerable, in order to ensure effective access to justice.
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Processo civil , Direitos sociais , Precedentes