A irrepetibilidade das verbas previdenciárias recebidas em sede de tutela antecipada

Abstract

This paper aims to present a study on the unrepeatability of social security sums, received on a provisional basis, but revoked in exhaustive cognition, since the sums received in Social Security Law have the legal nature of food, thus, it is understood that, as these are amounts intended for the subsistence of individuals, they must necessarily be interpreted as a foundation of the principle of human dignity, being considered, therefore, unrepeatable. Based on the arguments used in recent judgments of the Superior Court of Justice, as well as on bibliographic research on the subject of provisional remedies and on Social Security Law itself, and through an interpretative analysis in conformity with the Constitution, the result is contrary to the thesis established by the Superior Court of Justice. Thus, based on the constitutional principles, the conclusion is reached that the proposal defended by the STJ is not in conformity with the current legal system, due to the violations to the most fundamental and indispensable rights for the subsistence of individuals.