PROOF OF RURAL ACTIVITY: INSS FORMALISM VERSUS JUDICIAL FLEXIBILITY

Abstract

This paper analyzes the evidentiary challenges faced by special insured individuals seeking recognition of their rights under the General Social Security Regime. The discussion focuses on the paradox between the legal requirement of "initial material proof" to prove rural service time and the reality of rural life, characterized by informality and orality. The objective is to discuss how this dissonance between formalistic norms and the social context creates bureaucratic barriers within the INSS (National Institute of Social Security), compromising the implementation of constitutional social protection. The research is justified by the need for interpretative flexibility. Using bibliographic and case law analysis methodology, the results indicate that, while the administrative route adopts excessive formalism that results in denials, the Judiciary has assumed a crucial role of flexibility, such as by accepting documents in the name of spouses or permitting occasional urban activities. It is concluded that, although recent regulatory advances seek to internalize these flexibilities, the challenge remains to humanize administrative analysis so that social security fulfills its protective function for rural workers.