A eficácia da decisão revogatória de tutela antecipada de benefícios previdenciários: uma interpretação a partir do fenômeno da constitucionalização do direito

Abstract

The objective of this study is to analyze the effectiveness of the decision that repeals the early protection in the matter of social security benefits. For this, some important judgments that our Courts have given on the subject have been analyzed. It was also observed respectful doctrine that deals about food, the principle of unrepeatability, the constitutionalization of law and the fundamental right to the dignity of the human person. The result obtained in this research is against the new understanding of the Superior Court of Justice, which considered been “ex tunc” the effectiveness of the revocatory decision to provide early retirement benefits. The conclusion is that this provision is effective “ex nunc”, and the claimants can not be compelled to pay what it has realized during the term of the guardianship anticipated. This conclusion is more in line with the phenomenon of the constitutionalization of Law. By it, infra-constitutional norms must be interpreted in accordance with the Constitution, although for the effective protection of the dignity of the human person, it is necessary to create exceptions to the laws or to extend their content to other situations that are not contemplated in principle.