SOCIAL SECURITY LIMBO: MORAL DAMAGE IN THE FACE OF DELAY AND ERROR GRANTING THE SOCIAL SECURITY BENEFIT IN THE ADMINISTRATIVE SPHERE

Abstract

This article, called “Social security limbo: Moral damage before delay and error in the granting of social security benefits in the administrative sphere” aims to study and analyze requests for social security benefits, where the National Institute of Social Security (INSS) fails to comply with the deadlines. periodically and consequently there are no legal consequences. In this way, the insured who obtained the social security benefit unfairly denied suffers the effects of social security limbo. The purpose of this article is to analyze the feasibility of applying the legal provision of social security moral damage in the face of INSS errors and delays. Seeking clarification from exploratory and bibliographic research, intending to know carefully the subject in question, to know their rights for the Brazilian population, particularly regarding moral damage and social security limbo, being observed from the perspective of social security principles; also handling the document to seek access to jurisprudence and legal provisions, for the understanding of the subject. The purpose of this article specifically covers the clarification and knowledge of the subject, showing that the social security limbo causes damage that was not accepted by the INSS, resulting in a compensation of social security moral damages to the insured that was imposed to the social security limbo, where the purpose is to indemnify the psychological damage suffered by the injured party and prevent delays/errors in the judgment of administrative requests.