REQUIREMENTS FOR THE GRANTING OF THE BENEFIT DUE TO PERMANENT DISABILITY IN THE GENERAL SOCIAL SECURITY SYSTEM (RGPS)

Abstract

The Federal Constitution in its art. 201 advocates about the organization of social security, introducing us to the General Social Security Regime and its characteristics. Law 8,213/91, in turn, provides for the benefits and beneficiaries of the RGPS. Thus, despite the existence of numerous social security benefits, the present study has as its object of study the Permanent Disability Retirement, popularly known as disability retirement. For the granting of this benefit, it is necessary to fulfill some requirements, among them are the quality of insured, the deficiency and incapacity, which must be proven through an expert medical examination, and it is usually at this moment of expertise that the insured usually have problems due to the arbitrariness in the rejection of the request. Thus, the aim of the present study is to analyze the Retirement for Permanent Disability and the subjectivity of the professional responsible for the expert medical examination, in view of the standardization in the procedure. For that, the method of bibliographic research was used, based on updated legislation, doctrine and existing jurisprudence on the subject, having the deductive method of approach through a structuralist procedure that allowed to seek information about the problem, obtaining the conclusions suitable.