DISABILITY RETIREMENT AND THE ROLE OF SOCIAL SECURITY MEDICAL EXAMINATIONS IN CASES OF MENTAL ILLNESS

Abstract

This article analyzes the structural deficiencies of medical forensic assessment in the Brazilian social security system regarding the recognition of work incapacity resulting from mental disorders. The research begins with the observation that the traditional biomedical model, still predominant in National Institute of Social Security examinations, proves inadequate to grasp the complexity of psychic conditions, whose symptoms manifest predominantly in the subjective and functional spheres. Through critical bibliographic review, it is demonstrated that the absence of standardized protocols, the insufficient time allocated to evaluations, and the disregard for the socio-environmental context of the insured generate high rates of undue benefit denials. Such denials drive the mass judicialization of rights, overburdening the Judiciary and prolonging the suffering of vulnerable insured persons. It is argued that overcoming this scenario requires the effective incorporation of the biopsychosocial model into forensic practice, with continuous training of experts, creation of specialized mental health assessment centers, and integration of multidisciplinary teams. It is concluded that the qualification of medical forensic assessment constitutes an ethical and legal imperative for the effective realization of the right to social protection and for the concretization of the constitutional principle of human dignity.