Dano moral no direito previdenciário: a responsabilidade civil do INSS como garantia e proteção dos direitos sociais

Abstract

This paper has as its purpose analyzed the reflexes of Civil Liability of the National Institute of Social Security in the 21st century, in order to study the causal link between the conduct of the social security agency and the alleged Moral Damage alleged by insurance, since the State can have your responsibility removed or mitigated, depending on the situation. Unfortunately, the Public Administration often does not meet the wishes of its insured, as occurs in erroneous administrative rejections, superficial medical expertise, delay in service, mistaken suspension of benefits, among other acts that generate dissatisfaction of the taxpayer, its source having to subsistence unprotected. Thus, the study will examine through bibliographic and jurisprudential research, how the Brazilian courts have understood about Civil Liability in the social security scope and what are their hypotheses. Therefore, the conclusion that can be considered is that, through the responsibility of the National Institute of Social Security, seek to enforce the guarantee and protection of Social Rights, especially with regard to the principles of Social Security, given the food nature of budget, being generally the only source of subsistence for the insured, assisted and dependents.