A irrepetibilidade de verbas previdenciárias deferidas em sede de antecipação de tutela posteriormente revogada: um contraponto entre os valores alimentares e a precariedade do provimento liminar

Abstract

This paper aims to analyze the existent jurisprudential controversy that has currently taken place in the jurisdiction of brazilian courts of law concerning the possibility of compensating the State by virtue of the liminar perception of social security benefits superveniently revoked. Considering the juridical nature of such pensions, directly related to the very maintenance of workers dependent on the positive performance of the State in a moment of notorious economical and social vulnerability, this article seeks to propose the most adequate exegesis for the matter regarding the prescriptions of the present holistic structure of law, the general traits of the post-positivist neoconstitutional line of thinking and the works of Robert Alexy concerning the weighting of deontological commands and the logics of principles. To this end, decisions taken in distinguished areas of law shall be observed and compared, and divergent uptakes established by the superior collegiates of brazilian judicial system ought to be opposed. The omissive posture of the Supreme Court in relation to the constitutionality of the legal devices that substantiate the discussion will also be taken into account, as well as the covenant of good faith that directly protects the parties in the current procedural law system.