FIGUEIREDO, D. L.; http://lattes.cnpq.br/5504932617496548; FIGUEIREDO, Diógenes Lopes de.
Résumé:
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.
