Dano moral no direito previdenciário: a responsabilidade civil do INSS e sua análise pelo Poder Judiciário brasileiro

Abstract

This study results from the research on the civil liability of the National Institute of Social Security for moral damages caused to the insured and dependents of the General Policy of Social Security in Brazil. It was sought to verify the possibility of the existence and characteristics of such damages in the chosen juridical field, examine the conditions, causes and hypotheses of incidence of the federal autarchy’s liability for non patrimonial damages, connect the theme with doctrinal and jurisprudential positions and analyze the sanctionatory and pedagogical virtues of condemnation to compensation for damages caused to the those beneficiaries. To this purpose, the approach was done by three fronts: the legal, doctrinal and jurisprudential. Through deductive method, the work started from the general aspects of the State’s liability and culminated in the peculiarities of INSS's civil liability for moral damages in the Social Security field. Moreover, the research proceeded through historical, monographic and statistical methods, which logically concatenated the chapters developed in the study. Finally, it was found out the possibility of the INSS’s civil liability for moral damages caused to the insured and dependents of the RGPS, the irregularities existing in the structures and activities of the Institute that lead it to harm the moral sphere of those, the current judicial tendency of civil condemnation of the autarchy for such violations, the Federal Justice’s competence for the judgment of the cases related to the topic and some situations, hypothetical and concrete, that motivate (or would motivate) the liability.