Estudo analítico dos mundos previdenciários administrativo e judicial: uma investigação sobre como se formou a dualidade normativa do direito previdenciário brasileiro

Abstract

This is work intended for the Master's Degree Program in Law at the State University of Rio de Janeiro. The dissertation presents an academic investigation into how Brazilian courts, through casuistic interpretation of Social Security Law, have influenced the final normative structure of our social security system. The main perception of the work is to present the finding that there are significant differences between Social Security Law applied in the administrative field and interpreted within the judicial realm, creating an undesirable normative duality that affects the equality and legal certainty of the entire system. The study aims to identify the cause-and-effect relationship between judicial decisions affecting the general social security regime and the current shaping of the norms in this system. This is done by observing patterns of systemic judicial intervention in the national social security framework over the past years. Ultimately, the goal is to construct a thesis that identifies guiding criteria for revising and reforming judicial behaviors, respectively, concerning administrative acts in social security matters and the social security norms established by the National Congress. This is done without implying a violation of the separation of powers and, likewise, the principles of maximum effectiveness of social rights and financial and actuarial balance.