A exigência probatória do INSS para concessão do benefício de aposentadoria por idade ao segurado especial frente aos princípios da proporcionalidade e razoabilidade.

Abstract

The study of the particular insured is the most controversial topic in the camp of the social security law, and this controversy tends to worsen when considering the granting of welfare benefits, and in particular, in the specific case of this research, the grant of retirement benefit for old. This research has as main objective to analyze whether the probative demand made by the INSS as a requirement for the granting of the special retirement age is insured consistent with the condition hipossuficiência [sic] this, as well as with the principles of reasonableness and proportionality. Atine in the problematic question must be asked: Requiring INSS production of documentary evidence for the granting of retirement specially insured violates the principles of reasonableness and proportionality in view of the position of these hipossuficiência [sic]? Thus, as it is a very controversial issue, not to mention the indisputable actuality, clairvoyant remains a need to examine the topic. You regard to specific objectives, one can mention: Evaluate the Brazilian social security system; Develop a study of the special insured and rural retirement; Finally, consider the documentary demand made by the INSS for granting the benefit of retirement by rural age is consistent with the country laws and the principles of proportionality and reasonableness. For this, we use the method of hypothetical-deductive approach, since the study of principles, laws, general rules and more comprehensive doctrines for later focus on the crux of the issue. It emphasizes the use of the technique of bibliographic and documentary research. Therefore, considering the condition of hipossuficiência [sic] that is the special insured, we seek to demonstrate that the evidentiary requirement of social security authority is totally disproportionate and violates the principles of proportionality and reasonableness.