Tutela antecipada nas ações previdenciárias no âmbito da 8ª vara da Justiça Federal subseção judiciária de Sousa-PB.

Abstract

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.