A importância da perícia biopsicossocial para a concessão de benefício previdenciário por incapacidade.

Abstract

This work addresses the importance of biopsychosocial expertise as a method of determining incapacity for the purpose of granting benefits of this nature. To this end, there was a brief analysis of the Constitutional Principles and the fundamental right to social security. There is also a search for the concept of incapacity, as it is a requirement for granting benefits for partial or total incapacity within the scope of Social Security. Having verified that incapacity for work is determined mainly through expert examination, it is observed that the method currently used only takes into account the health status of the insured person. Considering the concept of incapacity and the current method of determining this condition of the insured, a reflection was carried out that considers the conceptual aspect of incapacity and the factual reality, in light of the principle of Human Dignity. Through the aforementioned reflection based on doctrine and decisions made within the scope of the Federal Court, it was found that the reports issued are incomplete, due to the lack of broad-spectrum expertise, which in addition to biomedical conditions, takes into account personal and social conditions of the individual. And the practical result of this insufficient expertise has been harmful to policyholders, as the analysis ends up granting capacity to that individual who does not have it, and as a consequence, many benefits end up being denied to those who really need it. In this context, although there is debate around the topic, both in doctrine and in jurisprudence, it is concluded that biopsychosocial expertise proved to be more appropriate in investigating the possibility of the expert obtaining the granting of disability benefit, in line with the principle of human dignity and related fundamental rights. The approach method used is inductive, descriptive, with the characteristic of exploring the announced theme. Being considered as a means for bibliographic research, books, internet research and scientific articles. The study of the topic is of fundamental importance, given that, given the evidence of incomplete analysis of the individual's biopsychosocial situation at the time of evaluating the expert, it directly influences the judgment of requests for granting existing benefits within the scope of social security legislation, specifically Law 8213/ 91.