Judicialização do Regime Geral de Previdência Social brasileiroanálise dos efeitos financeiros e administrativos

Resumo

Objective – The main objective of the research was to examine the evolution and the financial and administrative effects of judicialization in the search for benefits under the Brazilian General Social Security System (RGPS), as well as the possible causes and measures that could contribute to reducing the phenomenon and its effects. Methodology – The research was carried out using a qualitative approach, with the use of complementary quantitative data. The data was obtained through semi-structured interviews and documentary research and analyzed using the Content Analysis method. The quantitative data was obtained through consultations with public sources, mainly public bodies' websites, and consultations with public bodies, either directly or through the Access to Information Act. Results – The results revealed the causes of a growing process of judicialization in the search for benefits provided and maintained by the RGPS, characterized by a complex relationship between the executive, the judiciary and the legislature, each contributing in their own way to the phenomenon. They also revealed its financial and administrative effects, which affect and put at risk not only the sustainability of the Regime, but also its efficiency and that of other bodies involved in the process. Delimitations – The study delimited itself to examine the evolution and financial and administrative effects of judicialization in the search for social security benefits provided by the Brazilian RGPS, as well as the possible causes and solutions to this phenomenon, between the years 2019 and 2023. However, it did not include the judicialization of welfare benefits, which are also administered by the INSS, and the benefits provided by the civil servant’s retirement systems. Limitations – The research encountered limitations in obtaining secondary data. The data obtained through consultations with public bodies proved to be fragile and inaccurate, as pointed out by the bodies themselves in their responses, and it was necessary to resort to other sources and data to enrich the reliability of the research. Applicability of the work –The discoveries made through the research will enable the INSS to gain a better understanding of the phenomenon of judicialization, its causes and effects, from the point of view of the civil servants who work in granting judicial benefits, thus enabling action to be taken in specific areas, with a view to reducing the phenomenon and its effects. Contributions to society – The relevance of the research for society lies in the possibility of identifying the causes of the intense process of judicialization of RGPS benefits, enabling the implementation of public policies aimed at reducing this phenomenon, reducing the financial and administrative impact that judicialization has on the system. Originality – The study's originality lies in examining the judicialization of Brazilian social security from the perspective of INSS employees. Although they do not participate directly in the complex process of management and decision-making, these professionals have accumulated potential practical experience, acquired through daily contact with judicial decisions and close interaction with prosecutors, lawyers, insured people and judges, which gives them a systemic view of the phenomenon. The originality also lies in the analysis of the administrative effects of judicialization, reflected mainly in the stock of benefits awaiting analysis at the INSS.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36775

Temas

Políticas PúblicasAdministração Pública

Palavras-chave

Regime Geral de Previdência SocialINSSJudicializaçãoAtivismo JudicialAdministração públicaInstituto Nacional do Seguro Social (Brasil)Poder judiciário e questões políticas