As interpretações judicial e administrativa sobre o segurado especial.

Abstract

The present monographic work focuses on analyzing administrative and judicial decisions regarding the classification of special insured persons in the analysis of granting social security benefits, especially retirement by age, in parallel with the social security legal wording. In this context, the problem to be faced is to prove that the special insured are often harmed by having their pensions denied without any legal provision, mainly because a fundamental and unavailable right is under discussion. Given this scenario, what are the requirements used by INSS magistrates and servants to support decisions regarding the condition of special insured? To handle this task, the deductive method is used, considering that the decision-making and sentences will be analyzed. The research technique chosen is the bibliographic one, since judicial and administrative decisions of cases of applicants and authors will be used as a source of study. Finally, it can be said that the general objective proposed was achieved in order to prove that, in fact, the special insured are penalized when analyzing their retirement requirements, as they are not seen by the eyes of the legislation, but with prejudices. and outdated interpretations, as legal practitioners do not follow the evolution, and see the special insured as a peasant worker who develops the activity only for his subsistence or is sold, cannot have high productivity. Thus, what is lacking is not always law or regulation, but interpretations of legal and normative texts that seek to find the reality of the special insured.