The concession for temporari incapcity and the conflits between medical reports

Abstract

The present article “The concessionfor temporari incapcity and the conflictsbetween medical reports” is related to the worker's declaration of aptitude, granted by the National Institute of Social Security (INSS) to the worker who was in full enjoyment of temporary disability benefit, and who eventually is not able to return to work activities with the employer, even if there is readaptation. The method used is the deductive method and is based on descriptive and exploratory research and bibliographic review of doctrines related to Labor Law, Social Security Law, and the Constitution. Thus, it was possible to perceive the situation commonly known as Labor Social Security Limbo and to note that, despite being very much present in the lives of workers all over Brazil, it still lacks specific legislation, since it ends up leaving the worker, the company, and Social Security without any means of resolving this issue. That said, there are only two options for the worker, which are the administrative appeal and the lawsuit, but as both have a long wait the worker ends up going through a state of misery, thus reinforcing the importance of the regulation of the situation posed, since the fundamental rights are in check.