(Im)possibilidade de conversão de período em gozo de auxílio-doença previdenciário em tempo especial

• Autor(a) principal: Simon, Jhulye de Souza
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6069
• topic: Direito previdenciário; Auxílio-doença; Seguridade Social

The present monographic work aims to analyze the possibility of conversion of period into the benefit of social security sickness benefit in special time, considering the case law divergences and the current legislation. Therefore, a qualitative approach was used in the research, with a subjective analysis of the theme. Regarding data collection procedures, we used the bibliographic procedures, researched in books and articles, as well as the documentary procedure, analyzing jurisprudence and social security legislation in order to understand the matter and the adopted understandings. As for the research level, the exploratory level was used. During the implementation of the project, it was found that it was difficult to establish a causal link between the disease that caused the insured's disability and the work developed by the insured. In addition, it was found that the social security legislation restricted the possibility of conversion without considering the equality in factual situations, given that the justification for the exclusion of social security sickness does not match the intention imposed in Article 65 of Decree No. 3,048/99, because the accident nature is not present in the other possibilities contained in it. Thus, in accordance with the recent judgment of the Superior Court of Justice, it is possible to convert the period in which the insured person received social security sickness into special time.