Uma análise jurídica do procedimento da “alta programada” (cobertura previdenciária estimada) no direito previdenciário brasileiro.

Abstract

This work has as object of study the legal analysis of the institute called Estimated Pension Coverage (COPES), also known as “scheduled discharge”, the practice of setting the date of automatic termination of the benefit for temporary incapacity, without carrying out a new expertise. THE possibility of terminating the benefit of alimony for a mere lapse of time, without first confirming the worker's recovery by a medical expert, puts the insured in a vulnerable situation. The doctrine considers the theme unconstitutional and illegal, as well as the jurisprudence, which has removed its effectiveness. THE The initial hypothesis worked out is that such conduct by the social security authority is arbitrary and therefore illegal and unconstitutional. This research will essentially consist of in bibliographic and jurisprudential analysis. The general objectives were analysis constitutional and infraconstitutional on which this benefit is based, and between the specific objectives are to demonstrate the historical and legislative evolution of the Social Security in Brazil, as well as verifying the requirements for granting the temporary incapacity assistance, and reveal the conflicting points between the constitutional provision and the performance of the procedure in practice, and also to verify the consequences to a practice different from the one legally and constitutionally foreseen. For to investigate such conduct, the hypothetical deductive method was adopted as a research method, starting from the description of the concepts and provisions set out in the legal system, and then, dialectically, the parameters were confronted, in this way, the result synthesis indicates the points of greatest conflict between the practice of granting these benefits and the rights and guarantees provided for in the Constitution. The results obtained indicate that the practice of Estimated Social Security Coverage violates constitutional principles such as the principle of legality, contradictory and full defense and the the dignity of the human person, in addition to being in disagreement with Law No. 8,213/1991, which provides for Social Security Benefit Plans.