SOCIAL SECURITY BENEFITS IN THE RPPS: THEME 445 OF THE FEDERAL SUPREME COURT AND THE INITIAL FRAMEWORK OF THE INSTITUTES OF DECADENCE AND PRESCRIPTION tema 445 do Supremo Tribunal Federal e o marco inicial dos institutos da decadência e prescrição

Abstract

The Federal Constitution of 1988 assigned to the Audit Courts the family to assess the legality of granting social security benefits. The act of granting social security benefits is considered a complex act, not exhausted with the issuance of the retirement act, and in compliance with the Federal Constitution, it must be sent to the Court of Auditors for legal reasons, and the delay in this caused legal invalidity to the interested. In this article, we tried to deal with the institutes of prescription, prescription of the fund of law, decadence in the light of Theme 445 of the Federal Supreme Court, since in practice many professionals, servants and dependents do not have knowledge of the initial milestone of these institutes. This issue is common because they understand that the initial milestone for the servant/dependent and public administration would be the date of ratification of the act by the Court of Auditors. As shown here, in addition to prescription and decay, some Courts apply the prescription of the fund of law in the granting of social security benefits, pension for death, for example, even though this understanding has already been accepted by the Federal Supreme Court in the judgment of Direct Action of Unconstitutionality 6.096, since it clearly positioned itself in the sense that there is no statute of limitations for granting a benefit, but for its revision.