Desaposentação indireta : a possibilidade de execução dos valores relativos a benefício previdenciário concedido judicialmente e renunciado em face de concessão administrativa posterior mais benéfica sob o viés jurisprudencial.

Abstract

The present monographic work dealt with the subject of indirect disassociation. In the light of the recent and relevant literature on the situation on the scene, as well as the judgments of the Federal Regional Court of the Fourth Region, of its Classes of Recourse and of its Regional Unification Class, and, lastly, of the Superior Court of Justice, analyze, discuss and present the main theorists that involve this problematic. For that, a hermeneutic methodology is used, basically consisting of the bibliographical research, reading, archiving and comparison of the theories of the main authors of the Law that deal with this problem, especially jurisprudential analysis. Assuming that, in Brazil, thousands of workers retire every year, and that a large part of them need to resort to the Judiciary to see their benefits canceled, given the constant administrative denial by the social security authority, as well as An "indirect dispossession" is a fundamental issue for every citizen who intends to retire under the social security subsidy, especially in relation to the possibility of executing the installments referring to the benefit waived in case of concession granted by the administrative concession of benefit more beneficial in the face of a new administrative request and subsequent judgment of the lawsuit, as a measure of repair to the necessity of continuity of the work activity, due to the administrative refusal, when it was already entitled to the benefit. For a study of this work, specifically, to address social security in a general way at a first moment, then to deal with concepts relevant to the social security process, pensions in the Brazilian social security system and dispossession, and, finally, to bring the concept of indirect disappearance and analysis of country jurisprudence. Since the content of the document is most effective, it is possible that it is in a database. right in the country's legal order.