Danos morais no direito previdenciário decorrente da ineficiência da prestação dos benefícios

Abstract

This working monographic research aims to unite the moral damage to the pension law as a way to guarantee social rights, since social security is a means of survival which is part of society as a source of essential safeguards the dignity of the human person, the constitutional principle of great relevance. If the insertion of Moral Damage is needed in the Social Security Law as a means of justice and equality, for this bureaucratization, in many cases illegally and disrespectfully the pension procedure many of the applicants who prove to live up to social security. From the analysis of jurisprudence, standards, doctrine and principles, which would be appropriate to a normal and common procedure to obtain a pension or social security benefits, they are found in several cases, many vices and unnecessary bureaucracy that end up becoming commonplace in the social security sphere, many of the targets of great negligence insured, before such disregard of the National Social Security Institute (INSS), they end up being forced to go in search of their rights through lawsuit, with appropriate and even mandatory in situations where justice is fully escanteada, the imposition of State liability, with the inclusion of moral damages in social security procedures.