Um estudo de caso sobre o interesse de agir em ação de concessão de pensão especial para criança com Síndrome Congênita do Zika Vírus

Abstract

This article aims to analyze the interest to act in an atypical case of a lawsuit granting “special alimony for children with congenital Zika Virus syndrome”, filed by a child against the National Institute of Social Security (INSS, in Portuguese), which contested claiming that the plaintiff had not carried out the previous administrative requirements needed and, therefore, the lawsuit would lack the interest to act. Through a case study combined with documental and bibliographic analysis, it was sought to discuss, mainly, the legal controversies related to how the previous administrative requirement may or may not condition the existence of the interest to act in an action aimed at granting indemnity alimony to a poor child with a very serious disability. The theoretical framework is drawn on Evaluative Formalism. In conclusion, it was found that the analyzed lawsuit revealed interest to act, and the judge, in case, decided fairly and adequately when granting the alimony, assuring the author her fundamental rights of access to justice, life, and social security, not complying with the excessive formalisms intended by the INSS.