| dc.description.abstract | This dissertation investigates the need for a dialogical environment, prior to the
judicial process, between the Executive and Judiciary powers in the discussion of
issues related to the application and guarantee of material benefits deriving from the
right to Social Security. At first, due to the historicity of fundamental rights, the
application of Fundamental Rights is evidenced as an essential element for the
minimum guarantees of equality and freedom, which includes Social Security, such
as Fundamental Social Law. In a second moment, the self-defense behavior of the
Social Security Public Administration is presented, so as to override the economic
interest to the public interest, essentially eliminating minimum guarantees, both in the
proposition of legislative reforms and in the application of the rules in force. On the
other hand, this conduct motivates the massification of social conflicts over the
services involved, overcoming the judiciary power of actions that deal with the
analysis of the right to benefits and its implications, thus surpassing the speed in the
face of procedural effectiveness, which in the end does not resolve conflicts, but only
fulfills the initial role of judicial activity in giving a decision to society. In a third
moment, the stage of social security reforms is presented as an empirical element
that demonstrates both the self-defensive conduct of the Executive, and the overlap
of procedural speed in the face of effectiveness, by the judiciary. Finally, we defend
the creation of an instrument of relationship between the two state functions already
mentioned, using as an example, the Federal Justice Intelligence Centers,
addressing the issues in a strategic and preventive way. bibliographic analysis and
data analysis provided by the Federal Government, using the deductive method.
Given the model described, in conclusion, it is proposed to create a prior space for
discussion between the judiciary and the executive branch, with regard to Social
Security, as well as the integration by representatives of society, to discuss the
application of the rules, including reforms, avoiding the occurrence of social conflicts,
as well as ensuring the effectiveness of judicial decisions that may deal with the
conflicts that have arisen. | |
