ANALYSIS OF DISABILITY IN THE BROAD SENSE OF CONSTITUTIONAL PRINCIPLES FOR THE PURPOSES OF OBTAINING BENEFITS TO INSURED PEOPLE UNDER THE CONTEXT OF THE GENERAL SOCIAL SECURITY REGIME IN BRAZIL

Abstract

Evidence in the social security process is an instrument to achieve a right that, due to its nature of social security, aims to satisfy a fundamental right, thus being the evidence in social security matters has a unique role in the search for the procedural path of satisfaction of the most basic rights of the insured. Therefore, the objective of this study is to analyze disability in a broad sense in the light of constitutional principles for the purpose of obtaining benefits for policyholders under the general social security system in Brazil. Based on the content of the study, it was found that, for purposes of granting or restoring disability benefits under the general social security system in Brazil, it is necessary to analyze disability in a broad sense, and carry out a joint analysis of the evidence with the personal, social, economic and cultural conditions, in order to analyze disability in a broad sense for any disease that generates restriction, limitation or incapacity, even if partial, that prevents the insured person from competing under equal conditions in the labor market or services and that prevent the exercise of the usual activities and the support of the insured.