Acesso à justiça em matéria de seguridade social: uma análise sobre a adequação do direito processual ao direito material

Abstract

This work seeks to formulate specific guidelines for processes that have as their object the fundamental right to social security, specifically, social security and social assistance. It demonstrates the inadequacy of civil procedural law to satisfy fundamental social rights of protection. Using the deductive method, the work presents specific cases of social security and social assistance addressing recurring problems, with the aim of highlighting the inadequacy of the civil procedural rules applied to the material law of social security by the Judiciary. In the analysis and understanding of the principle of adequacy, we demonstrate its compliance with the constitutional procedural system, as well as its scope and application in social security and assistance demands. It addresses access to justice, going through different moments, from the importance of guaranteeing the under-insured in the face of social security precedents of high social relevance handed down by the Brazilian Judiciary, to reaching the search for the elimination of obstacles generated by problems involving institutions, processes, inadequate procedures, identifying appropriate resolution techniques to enforce these rights.