THE RELIEF GRANTED FOR PRIMA FACIE RIGHTS IN THE SOCIAL SECURITY DUE PROCESS A INSTRUMENT AGAINST THE TRIVIALIZATION OF THE PRECEDENTS AND THE INADEQUATE DISTRIBUTION OF THE BURDEN OF TIME ON PROCESS

Abstract

This paper intends to investigate how the institute of the relief granted for prima facie rights could be used to mitigate the harmful consequences of the stay of individual and collective proceedings caused by the admission of Multiple Extraordinaries and Specials Appeals cases involving social security law. Firstly, is explaned that social security law haves a delicate relation with the issues envolving the passage of time, because social security benefits aim to cover up situations of social risk, whose perpetuation amout much damages to physical, psycological and financial well-being of the citizens. Secondly, are exposed why the excessive stay of proceedings cause the nullification of the precedentes autority and the inadequated division of the burden of time on process, especially when Multiple Special and Extraordinary Appels are admited. Finally, the institute of the relief grantef for prima facie rights is sugested as a possible mechanism to grant the immediately concession of social security benefits for the citizens, without compelling them to wait for years the judgment of the Multiple Extraordinaries and Specials Appels that determined the stay of the proceedings.