BATISTA, L. M. O.; http://lattes.cnpq.br/2792494833007370; BATISTA, Luciana Marques de Oliveira.
Résumé:
This work studies the injunctive relief in actions pension to proceed through the
Special Court Federal 8 th Subsection Judicial de Sousa - PB, and their inclusion in
Brazilian Civil Procedural as a guarantee of a constitutional right to demonstrate the
abuse of rights of defense or avowed purpose laziness on the part of the National
Social Security Institute (INSS). Among all this context, the institute aims at
understanding of the legal protection and its viability as a tool in social security
actions necessary to grant social security benefits, taking into account the nature of
the food proceeds, and also investigate the use of fireworks by the expedient Social
Security, as well as the embarrassment suffered by the insured and dependents
when violated constitutional principles, in particular the dignity of the human person
always taking into consideration the requirements of Art. 273 of the Code of Civil
Procedure (CPC). The research used the deductive method, which by logical
reasoning that makes use of the deduction for a conclusion about a particular
premise, and the method used to analyze historical and evolutionary developments
to pay the insertion of injunctive relief in the Brazilian legal system. The technique
applied research is the documentation indirect, through desk research (laws, court
cases, judgments, decrees) and literature (doctrines, articles and other media) in
knowledge of the literature, using the incursion of doctrine and legislation in the
constitutional social security, civil procedure and other areas of law. However,
research shows that speed of the procedure is pursued by many aspects, including
the need to review and of appeal contributing to an adjudication ineffective and
unsatisfactory. Therefore, before the survey found that the institution of injunctive
relief is not usually granted based on the interim decision provided the legal system,
but only occurs in the sentence appropriate, thus hurting the very first legal provision
and of human dignity.