IMPACT ON THE SUSPENSION AND CANCELLATION OF RETIREMENT BENEFITS DUE TO PERMANENT DISABILITY: ANALYSIS OF THE CONSTITUTIONALITY OF THE PROCEDURES

Abstract

In this study, we examine the impact of the analyses carried out by the National Institute of Social Security on retirement benefits for permanent disability with the objective of ensuring the fundamental rights of beneficiaries. I faced as a central issue the potential violation of rights during the stages of suspension and termination of benefits. The main focus of this analysis is to evaluate the constitutionality of these analytical practices and highlight the most sensitive points to propose measures that guarantee the security of beneficiaries. Our approach involves the combination of documentary research with practical case studies focused on the decisions made by the Federal Regional Court of the 1st Region. We analyzed previous pertinent studies to understand the patterns adopted in the review of judicial operations and their impacts on benefit recipients. The data gathered suggest that, even considering the favorable points of operational practices in relation to the saving of public resources, there is a substantial risk of injustices occurring when there is no adequate respect for the rights of the beneficiaries involved. The decisions handed down by the Federal Regional Court of the 1st Region point to an inclination to protect the rights of the insured as long as there is proof through expert evaluations of their conditions. Furthermore, changes that involve establishing direct forms of communication between the National Institute of Social Security and the insured, in addition to investing in the constant training of experts in the area. We conclude that it is crucial to harmonize the supervision of benefits with the defense of the rights of beneficiaries, ensuring social justice through an individualized analysis based on solid arguments.