WORKER INSURED BY THE INSS WITH BENEFIT SUSPENDED, CANCELED OR BLOCKED WITHOUT PERSONAL CALL: THE CONTROVERSIAL LAW OF THE FINE COMB AS AN INJURY TO THE PRINCIPLE OF CONTRADICTORY AND COMPLETE DEFENSE

Abstract

This study has as general objective to demonstrate that the administrative practice currently used by the National Social Security Institute (INSS) is in disagreement with the precepts of Law 13457/17 and art. 69, paragraph 2 of Law 8212/1991 and article 43, paragraph 4 of Law 8213/91. As a methodology, a descriptive bibliographical study was carried out with a qualitative approach, the present article being structured in six sections, the first one consisting of this introduction. At the end of this study, it is possible to conclude and adopt a position contrary to what has been done by the INSS by virtue of the so-called Fine Combin Act, understanding that the administrative act that cancels, suspends or blocks the payment of relief benefits is not legal and legal sickness, disability retirement or welfare benefits without opportunizing the reassessment of the medical review to determine whether or not the persistence of incapacitation or, also, social evaluation revisional for the benefits benefits without making personal notification possible, it can be said that it is a prejudice to the principles of adversarial and comprehensive defense, as well as the right to social protection of the working citizen.