THE IMPORTANCE OF DOCUMENTARY EVIDENCE TO DEMONSTRATE THE REQUIREMENTS OF URGENT GUARDIANSHIP IN THE GRANTING OF DISABILITY BENEFITS

Abstract

The objective of this study is to evaluate the impacts of the documents for the presentation of the request for urgent guardianship to the Judiciary in the benefits for incapacity on an urgent basis. This is a qualitative work with a descriptive design of the bibliographic review study type. It was carried out after a bibliographic search in the Lilacs, Embase, Scielo databases and active search lists of bibliographic references, the search in the database was performed using some terminologies such as “The valuation of documentary evidence for disability benefits”, “documentary evidence on disability benefits”, “emergency guardianship” and “disability benefits”. for the individual to obtain his/her benefit, it is necessary to pass through an expert medical test, which, currently, has been preponderant for the basis and reasoning in the decisions handed down by the Judiciary. Due to the repeated finding of technical deficiencies in expert medical reports, there is a need to deepen the matter to demonstrate that other means of evidence can and should be used to solve the aforementioned problem. The documentary evidence from the establishment of the idea of action of the litigants in the scope of demonstrating the facts deduced to the judge, as well as finding instrumental meaning to convince the judge. In this context, every presentation of evidence, the competitor has the right to express himself, thus preserving the state of innocence of the defendant and the right to freedom.