Previdência social e devido processo legal: o caso da aposentadoria especial

• Ano de defesa: 2021
• Autor(a) principal: Batista, Rafael Marks
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Positivo; Brasil; Direito; PPG1; UP
• Palavras-chave em Português: Aposentadoria especial; Judicialização da previdência; Direito administrativo previdenciário; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3988

Applications for special retirement are mostly administratively rejected. There is little research into the reasons behind this practice. This dissertation has as its object of study the social security administrative process, focusing on the issue of recognition of the right to retirement for people who perform activities exposed to harmful agents. The problem with the research is to know why there is a very high rate of legalization of these requests, resulting from the administrative rejection of requests for special retirement benefits. The main hypothesis that guided the research is that there are serious procedural flaws related to due process of law. The general objective of the research is to investigate whether administrative procedures guarantee due process of law. And the specific objectives involve the need to research for what reason(s) the rate of administrative denial of the special retirement benefit is so high. And to know if the current administrative procedures are compatible with international guidelines, recommendations and regulations on the subject. National and international normative mapping techniques, review of specialized legal literature, documentary mapping of technical reports, judicial and administrative decisions, and quantitative and qualitative analysis were adopted. The main result of the research pointed out that, with regard to the legal framework guaranteeing the material rights of the insured, Brazil is fully in line with the ILO recommendations, however, regarding the effective application of procedural guarantees in the realization of these rights, it seems to distance itself from the general guidelines of this international organization.