A reafirmação da data de entrada do requerimento (DER) no direito previdenciário brasileiro: um estudo sobre os desafios e a importância da aplicação justa e sustentável do benefício

Abstract

This research delves into the intricate issue of the reaffirmation of the Date of Entry of the Request (DER) within the Brazilian Social Security Law, underscoring its paramount relevance in safeguarding the subjective rights of insured individuals and promoting the pursuit of social justice. This multifaceted study examines the pivotal role of the reaffirmed DER as a mechanism for aligning the granting of benefits with the precise moment when the insured party successfully meets the required legal criteria, in accordance with the established jurisprudential understanding embodied in the landmark Theme 995 of the Superior Court of Justice. The research, conducted with methodological rigor, addresses the theoretical, normative, and jurisprudential aspects that converge upon the matter, delving into an analysis of constitutional principles of significant import, such as human dignity, the primacy of ascertainment, and selectivity axiological pillars that underpin the social security system. Furthermore, this dissertation does not shy away from scrutinizing the financial and administrative impacts that the application of the reaffirmed DER radiates upon the social security system, carefully weighing the burdens and benefits that emanate therefrom. In this vein, the study proposes the adoption of a set of measures aimed at optimizing the application of the reaffirmed DER, including the issuance of specific regulations, the implementation of training programs for the civil servants of the National Institute of Social Security (INSS), and the strategic utilization of cutting-edge technologies, with the goal of ensuring greater efficiency, equality, and sustainability within the system. The investigation, carried out with diligence and precision, allows for the conclusion that the reaffirmed DER, when managed with proficiency and responsibility, strengthens the social security system in its entirety, promoting a healthy balance between the imperative protection of the rights of insured individuals and the inexorable economic viability of the system. By guaranteeing that the benefit is granted at the moment when the insured party effectively satisfies the legal requirements, the reaffirmed DER contributes to the mitigation of litigation, the streamlining of processes, and the consolidation of a culture of respect for social rights. In final analysis, this dissertation corroborates the thesis that the reaffirmation of the DER is not merely a technical-administrative adjustment, but rather embodies an ethical and legal imperative that reflects the unwavering commitment of the Democratic State of Law to social justice and the protection of human dignity. By recognizing the right of the insured party to have their benefit granted at the appropriate time, the reaffirmed DER contributes to the construction of a more just, solidary, and inclusive society. In light of the foregoing, the research presents a range of suggestions for improving the practice of reaffirming the DER, aiming to ensure that this instrument effectively safeguards social rights and promotes a more equitable and efficient social security system.