A atuação do INSS em âmbito administrativo e os princípios constitucionais da administração pública

Abstract

The work on display has as main objective to discuss the role of the National Institute of Social Security (NISS) at the administrative field. According to research conducted by the National Council of Justice (CNJ), the NISS is currently the biggest litigant in the country, thus contributing to the slowness of the Brazilian judiciary. To investigate whether the administrative behavior of this pension autarky is one of the causes of this large number of lawsuits, a study was done on the classification of the NISS in Administrative Law. It was also conceptualized the principles of public administration present in article 37, main clause, of the Federal Constitution of 1988. From the definition of the constitutional commandments, it was shown what we can require from the NISS in terms of its performance against the citizen. It was shown, then, a series of concrete cases collected during the academic internship held on the 4th Social Security Office of the Public Defensory of the Union in the State of Ceará in the period from 09 January 2012 to 17 November 2012. From these cases, an analysis was performed on the administrative enforcement of constitutional principles by the NISS. It was inferred that these principles were violated by the autharky and that these violations sometimes caused lawsuits. After introducing the concepts of liability of the state and moral damage, it was discussed whether this was a suitable instrument to restrain the bad performance of the pension autharky. It was noticed that our jurisprudence does not usually apply moral damages in cases of erroneous denial of a pension benefit, but the moral damage can be perfectly applied to these situations. It was suggested, finally, other non-judicial means able to minimize the problematic role of the NISS, concluding that the autharky should improve its behavior in the administrative field urgently.