PROOF OF RURAL ACTIVITY FOR SPECIAL INSURED IN AMAZONAS: CHALLENGES BETWEEN LEGAL FLEXIBILITY AND ADMINISTRATIVE SUBJECTIVITY OF THE INSS

Abstract

The recognition of rural activity performed by special insured workers still faces several challenges within the Brazilian Social Security system, especially in regions characterized by informality and limited access to public services, as occurs in many municipalities in the interior of the state of Amazonas. In this context, this study aims to analyze how the subjectivity present in the administrative analysis carried out by the National Institute of Social Security (INSS) can influence the process of proving rural activity and, consequently, the access of these workers to social security benefits. The theoretical discussion is based on Brazilian social security legislation, particularly the Federal Constitution of 1988 and Law No. 8.213/1991, as well as administrative regulations and doctrinal contributions from Social Security Law that address the flexibilization of evidence for rural activity. Regarding methodology, this research adopts a qualitative approach, with exploratory and descriptive characteristics, developed through bibliographic and documentary research, including the analysis of legislation, doctrine, and academic studies related to the subject. The analysis indicates that, despite the existence of legal provisions allowing more flexible forms of evidence, differences in administrative interpretation still occur, which may lead to different decisions in similar situations. It is concluded that the absence of more objective criteria in the evaluation of requests contributes to legal uncertainty and makes it difficult for special insured rural workers to access social security benefits, highlighting the need for greater standardization in administrative practices.