Análise da prova nos benefícios previdenciários do segurado especial: consequências jurídicas e sociais.

Abstract

This study aims to examine the evidence in welfare benefits the insured and their particular legal and social consequences. Makes considerations from Social Security and Welfare, the ferreting out concerning the Special Insured. It brings the history of Social security, and lists the most significant principles governing the subject. Sets out what are the benefits of security nature which may be granted special insured, as well as definitions are explained and tissues comments about their key attributes and characteristics. Its primary purpose to evaluate the sufficiency or insufficiency of the means of evidence admitted to the special insured for purposes of attestation of rural activity. Questions the Law 8213/91 the scoresheet along with 149 from the Supreme Court, regarding the requirement imposed by both that the evidence submitted by the insured is not only special testimonial, but accompanied by documentary evidence. It indicates that the requirement for the initiation of physical evidence gives cause to injustices, to the extent that many policyholders are entitled to receive certain benefit, are not dealt with the effective implementation of its law. Moreover, the aforementioned requirement is responsible for fostering the forgery, and the emergence of intermediaries. It is argued that the imposition of the need for early proof material is intended only to local authority pension. It is understood that acceptance of this limitation by the magistrate a violation of the principle of equality, freedom of conviction motivated the judge of the Federal Constitution and Code of Civil Procedure.