THE ILLEGALITY OF THE PRACTICE BY THE NATIONAL INSTITUTE OF SOCIAL SECURITY IN CANCELING DISABILITY BENEFITS: NON-COMPLIANCE WITH THE MINIMUM PERIODS FOR ADMINISTRATIVE MAINTENANCE OF BENEFITS GRANTED BY VIRTUE OF A COURT DECISION

Abstract

The study has the general objective of analyzing the illegality of the practice of canceling disability benefits by the National Institute of Social Security (INSS), based on the joint interpretation of articles 60, 62 and 101 of Law n. 8.213/91 and articles 536 and 537 of CPC/2016. As a methodology, a bibliographical, descriptive, explanatory and documental research was chosen from books, electronic articles and websites specialized in the subject. Based on the study carried out, it was possible to conclude that the regulations introduced by Art. 60, § 9 and § 10 of Law 8213/91, which should be interpreted together with the provisions of Articles 62 and 101 of Law 8213/91, in addition to Articles 536 and 537 of the Code of Civil Procedure, and the cessation of judicially granted disability benefits must be preceded by a prior, valid, and prior summons of the insured persons with the carrying out of a review judicial medical examination, in order to, on the deadline set by decision final judgment or in the absence of a deadline in the court decision, after 120 days from the date of implementation of the benefit corresponding to the fulfillment of the obligation to do, assess whether or not the insured person is still incapacitated for work.