A irrepetibilidade das verbas previdenciárias recebidas a título de tutela antecipada: o atual entendimento do Superior Tribunal de Justiça sob a perspectiva do Direito como integridade

Abstract

This work aims at analyzing, in the theory of law as Integrity of Ronald Dworkin, the signed thesis a few years under the Superior Court of Justice, according to which the insured is obliged to return the received amounts provisionally by a guardianship has been subsequently withdrawn early. The consolidation of this thesis represented a change of position of the citizenship Court on the subject, since the understanding that for many years there was continued in order to consider such monies as unrepeatable, on behalf of the principle of food's unrepetibility. The Superior Court went on to consider that the said principle is insufficient to justify the non-return of funds social security, arguing that, in these cases, you must preserve the objective good faith and respect the prohibition of unjust enrichment. It turns out that the food's unrepetibility is not find obstacles in the cares of family law, where it is strongly enforced, for example, and even in cases where there is food that interim payment is considered improper. The law as integrity asks the judges admit that the law is structured by a coherent set of principles on justice and equity, and different treatments would only be accepted on behalf of principles can justify such discrimination. Get yourself, prove that the differential treatment to the cares of social security is not justified, because what is at stake is the dignity of the human person, groundwork of the democratic state of law and basic principle of our constitutional order.