A prescrição e a decadência no direito previdenciário

Abstract

The main intention of this research was to understand the legal institutes of prescription and forfeiture and how they relate to social security law, thus aiming to facilitate the understanding of this subject for beneficiaries of social security law and for legal professionals who work directly with social security law. To this end, studies on prescription and forfeiture were developed, initially, with the aim of subsequently presenting the application of these temporal limitations to social security law. All this research was based on bibliographical research using scientific articles, investigations by national courts, doctrine, especially social security, and, finally, legislative documents. At the end of the work, it is possible to conclude that prescription and forfeiture represent important legal institutes for the legal system, thus making their application necessary in the social security sphere. However, it was also possible to verify that, despite the indispensability of these legal instruments, their application in social security law must be subject to limitations, given the nature of the fundamental right that allows social security benefits.