Irrepetibilidade dos valores recebidos de boa-fé, através da tutela provisória de urgência antecipada, no âmbito do Direito Previdenciário.

Abstract

The present monographic work has as subject the possibility of Instituto Nacional do Seguro Social demand, from the good faith assured, the refund of amount received through provisional protection of anticipated urgency that is later revoked, having in mind that d ecisions that concede the provisional protection are being reversed in first and, mainly, in second level of jurisdiction, reaching in this last one a rate of 70% to 80%. Therefore, the possibility of refund implicates serious risks for the assured who d epends on this income to survive as well as for Social Security, once it can harm its budget. That being the case, through research of the processual institute mentioned and of juridical nature of the social security benefits, it was intended to answer t he following problem: is it necessary to refund the amount received, by the good faith assured, through provisional protection of anticipated urgency that is later revoked? It was made use of the deductive approach method and analytic and historical critic al procedure method, with the bibliographic and jurisprudential research technique. D octrines and jurisprudence from the main B razilian judge organs were analyzed Appeals Groups of the Federal Regional Court of the 4º Region, Federal Regional Court of th e 4º Region, Superior Court of Justice and Federal Supreme Court , comprehending decisions published during the period of 01/01/2016 to 04/01/2020 and using as main research terms "Social Security Law", "social security benefit", "nonrefundable", "good fait h assured", "refund" and "unnecessary". After the analysis of the major position of the jurisprudence, as well as the regulated on Federal Constitution and Benefits Law of the General Regime of Social Security, it was concluded that the social security ben efits are not refundable when paid to the good faith assured, through provisional protection of anticipated urgency that is later revoked.