Acesso á previdência social pelos juizados especiais estaduais: uma interpretação conforme o ART.20 da LEI N° 10.259/2001.

Abstract

Law N. 10.259/2001 instituted the Federal Special Courts, allowing to the use of the highly summarized rite in causes of interest of the Union, innovating in relation to Law N. 9.099/95 (Law of the Special Courts Civil and Criminal). The confrontation of the prohibition of this rite is foreseen in the new statute (art. 20) with the institute of the federal ability delegated, applicable to the Social Benefit causes (1988 Federal Constitution, art. 109, § 3°) with this appeared the following investigation: will it be possible to the insured or beneficiary of the Social Benefit, housed in Judicial district that does not shelter Federal Pole - common situation to the great majority of Brazil's interior cities -, to make use of the highly summarized rite facing the State Special Courts when considering action of Social Benefit nature? From procedural debate three solutions had emerged, namely: 1a) is not possible further on of the cited prohibition of rite, remaining to the interested party the option surrounded by the next Federal Court or the usual rite prior to State Justice; 2a) the prohibition is manifestly unconstitutional, having to admit the established rite for such norm by the State Special Courts; plus 3a) is possible to make an compatible interpretation to the rite's prohibition constitution that will not be applied to the causes of Social Benefit nature. This paper makes a Courts Special ability demonstration in the scope of State and Federal Justice, moan the form as the courts have faced this controversy and suggest a solution based in the principles of Federal Constitution supremacy, the isonomy and the access to justice, as well as in agreement interpretation of the laws' constitutionality control instrument.