Pela proteção do pacto fraterno previdenciário: análise da efetivação dos direitos previdenciários de sujeitos hipervulneráveis

Abstract

This is a master's thesis whose theme is an analysis of the effectiveness of the social security rights of hyper-vulnerable subjects, from the perspective of the fraternal social security pact. Social Security recipients are generally hyper-vulnerable subjects, in the sense of being crossed by social and economic markers of difference. Faced with this condition, it is not uncommon for these subjects to find themselves in a difficult position to see their rights being enforced, either due to the obscurity of the legislation, or due to controversial judicial decisions, or due to Brazil’s social security institute (INSS) administrative postures that do not comply with the spirit of social security law, which is permeated by the notion of fraternity and solidarity, so that there is an intergenerational pact in the direction of guaranteeing a dignified life for all, including Social Security benefits. The objective of the present work is to demonstrate a clipping of what is the legal and jurisprudential treatment, in social security matters, given to hyper vulnerable subjects, from an analytical and critical perspective. The methodology used in this work consists of studying the social security legislation and its reasons, as well as analyzing the jurisprudential treatment given to hypervulnerable subjects in some situations in where their fundamental rights are not fully guaranteed, by the Executive, Legislative or Judiciary branches. It is concluded that there is a scenario of injustice that permeates the context of some of the recipients of Social Security and that this situation, in a way, prevents the realization of social rights guaranteed to the community, from a constitutional and philosophical perspective.