A obrigação de devolução dos valores recebidos de boa-fé, a título de benefício previdenciário

Abstract

The purpose of this article is to explore the constitutionality of the collection of amounts unduly paid as social security benefits, in the scope of the Brazilian General Social Security System, received in good faith as a pension benefit due to misinterpretation, misapplication of the law or error of the Social Security Administration. Under different interpretations of the fundamental precepts listed by the constitutional order, Brazilian jurisprudence diverges about the applicability of the norms that authorize the repetition of aliment, funded by Social Security. There are precedents of the Supreme Federal Court ruling out the possibility of restitution, without, however, without objectively expressing the unconstitutionality of the rules that authorize it. On the other hand, aiming at pacification of the controversy, the First Section of the Superior Court of Justice affected the theme n. 979, for judgment in Incident of Resolution of Repetitive Resources. The article highlights the constitutional principles of the dignity of the human person; unrepeatability of aliment; isonomy, and the understanding punctually conferred on them by the higher courts in the field of social security law. The sustained hypothesis is that the procedure is compatible with the Federal Constitution, as long as it does not excessively reduce the subsistence of the individual. The specific objective is to review the position of the Brazilian higher courts on the legal relations of social security law. The theoretical framework used is post-positivism. The methodologies used are literature review and dialectical critic.