OLIVEIRA, D. C. F.; http://lattes.cnpq.br/4729088410635742; OLIVEIRA, Delosmar Constantino de França.
Resumen:
The purpose of this study is known by the research literature that includes the
Judiciary as a resource for grant of a disability pension because we are daily faced
with situations where the population is not supported on their fundamental rights as
provides the Magna Carta of 1988, and we use the remedies in order to have
acknowledged their right to a safe for disability for which deserves. The law exists,
without doubt, but the problem is its implementation in our reality. Regarding the
specific issue of retirement for disability, it is an analysis of its characteristics,
provided the requirements for its grant to the suspension. There are situations in
which it is due in character indisputable, as in the case of accidents or diseases in
which the insured loses the ability laborativa, but periodically you have to go through
medical expertise, as for disability retirement is not a definitive character and
worldwide, only in cases of extreme gravity and clear impossibility of rehabilitation.
However, we have other situations where only through medical expertise can be
attested to failure. In this context is brought to the relevant legislation to the subject,
and some conflicts are also highlighted in this work, which aims to bring clarification
on the question of invalidity benefit for through court procedures, since the
administrative is denied.
