UNGRANTED SOCIAL SECURITY BENEFITS AND JUDICIAL DELAYS IN THE SEARCH FOR A SOLUTION FOR THE SURVIVAL OF INSURED PERSONS

Abstract

This study examines the increasing judicialization of social security claims in Brazil, demonstrating that this phenomenon results from the structural inefficiency of the National Institute of Social Security (INSS). The research reveals that unjustified benefit denials, administrative delays, and informational deficiencies create significant barriers to the exercise of fundamental rights guaranteed by the 1988 Federal Constitution. Although the Constitution established a comprehensive social security system, practical reality shows a persistent gap between normative guarantees and their effective implementation, particularly for individuals in situations of socioeconomic vulnerability. Due to the administrative limitations of the INSS, the Judiciary has become the primary means of ensuring access to social security rights, which burdens the judicial system and deepens social inequalities. Analysis of official data, jurisprudence, and specialized literature demonstrates that the current crisis does not stem from the expansion of rights, but from the State’s structural inability to implement them effectively. The study concludes that overcoming this crisis requires administrative modernization, institutional strengthening, and public policies that ensure efficiency, transparency, and dignity in the granting of social security benefits.