Desafios à judicialização da Previdência social: legalidade, microscopismo e pré-julgamento

Abstract

The judicialization of social security is one of the greatest challenges for Public Administration and the Judiciary. Normally, the National Institute of Social Security (INSS) is given sole responsibility for the existence of multiple social security actions. However, there are many other non-ostensive factors that need to be analyzed due to their relevant impacts on the conception of the disputes. Without any intention of exhausting the subject, the present work aims to demonstrate that the ingenious developments of the principles of legality and human dignity engendered by specialized lawyers and by (supposedly) impartial scientific associations, the exponential growth of microscopic interpretative controversies and the progressive normative empowerment of national standardization courts, combined with the typical communicational fluidity of social networks with advertising sponsorship capable of directing the reported content to the right recipients (reverberating effect of the media), drive the emergence of new demands in the face of social security autarchy. This ambience settles the foundations of an unstable and dysfunctional structure, which destabilizes the rules of the game, weakens the procedural balance, violates the postulate of the supremacy of the public/collective interest and compromises the idea of harmony between the Powers of the Republic, to the point of laws and regulations are being progressively replaced by complex judicial theses signed on the basis of repetitive appeals. The Judiciary not only solves the conflicts that are submitted to it. It also pre-judges potential future demands, clearly acting as a positive legislator. Finally, from the study, it appears that the social security judicial process needs to be rethought, under the risk of the social interest continuing to be supplanted by purely economic individual and associative interests. The methodology used in this article is qualitative, supported by documents and specialized bibliography.