TUTELAGE OF EVIDENCE IN THE SOCIAL SECURITY PROCESS: SPECIAL RETIREMENT GRANT concessão de aposentadoria especial

Abstract

The protection of evidence is one of the innovations of the 2015 Civil Procedure Code, introduced with the intention of regulating recurring procedural situations where the provision of a right is postponed due to the non-urgency of its granting. The objective of this tutelage is to correct the distribution of the onus of time within the process, avoiding damages due to excessive delays in judicial provision. This research aims to understand the application of this procedural institute within the social security sphere granting retirement for contribution time with a special period, in order to assess how its application has been occurring in this area of law, as well as the possibility of expanding or not its application to other social security benefits. We also seek to verify whether the application of the protection of evidence actually redistributes the onus of time in this legal area. In this analysis, the work is structured on bibliographical research, with the application of the deductive method, starting with the analysis of a major premise, the institute of provisional guardianships, moving on to a more specific analysis of the guardianship of evidence and finally to its practical application in a concrete case, based on the theoretical contribution of due legal process. At its end, it is concluded that the tutelage of evidence can be expanded to benefits of documentary proof, requiring further study to assess the application of the institute in benefits that require more complex evidentiary instruction. The research is relevant as it analyzes the distribution of the time onus in the social security process, which is often borne solely through the insured social security.