Análise da aplicação da Súmula 78 da turma nacional de uniformização na concessão de benefícios previdenciários à pessoas que vivem com o HIV no âmbito do Tribunal Regional Federal da 5ª Região.

Abstract

This study analyzes the application of Precedent 78 of the National Panel for the Standardization of Case Law (Turma Nacional de Uniformização – TNU) by the Federal Regional Court of the 5th Region (TRF-5) in granting social security benefits to people living with the human immunodeficiency virus (HIV). The aforementioned precedent establishes that, once it is confirmed that the applicant for the benefit is HIVpositive, the judge must assess the insured’s personal, social, economic, and cultural conditions in order to evaluate incapacity in a broad sense, given the high level of social stigmatization associated with the disease. The research, which is qualitativequantitative and descriptive in nature, is based on bibliographic review and documentary analysis, with a particular focus on TRF-5 case law. The study seeks to identify judgment patterns, the criteria adopted by judges, and the role of social expertise in implementing the multifactorial approach proposed by the precedent. It was found that, although the precedent is formally applied in most cases, its effectiveness is limited when social expertise is not carried out. It is concluded that the adoption of technical and comprehensive evaluations is essential to ensuring the fundamental rights of people living with HIV.