The application of judicial precedents in cases of the INSS

an analysis in the light of legal security a partner of cases in case in TRF4

Abstract

The main objective of this study is to understand the judicial precedents, as a way of guaranteeing the application of the principle of legal security, applied to the cases of the National Social Security Institute (INSS), starting from the analysis of the cases that are before the TRF of the 4th Region. As a result, the principle of legal certainty seeks to ensure the stability of already consolidated relations, in the face of the inevitable evolution of the Law. In this context, how does the judicial precedent apply in the cases of the National Social Security Institute - INSS, in the light of the principle of legal certainty? In order to make the present work possible, the deductive method was approached, starting from the analysis of the theory to the specific case, covering techniques of bibliographic and documentary research, from the analysis of doctrine, legislation and jurisprudence, as well as data collection in Justice Federal Court of the jurisdiction of Concórdia/SC, which aims to demonstrate numerically in the legal disputes to which the INSS is a party. However, the present scientific article seeks to instruct the reader about judicial precedents, their conceptualization, applicability and other points that are necessary. In this context, a case study was carried out, in order to demonstrate the inapplicability of judicial precedents by the INSS. We also sought to elucidate the principle of legal certainty, which aims to ensure the stability of the relationships already consolidated in the face of the inevitable evolution of the Law, and the INSS disrespect to that principle. Finally, the INSS partiality is evident when judging in the administrative channels, without observing the judicial precedents, nor to the principle of legal certainty, leaving the insured to the mercy of a total constitutional disrespect.