Possibilidade de restituição de valores previdenciários recebidos por tutela antecipada posteriormente revogada

• Autor(a) principal: Destro, Letícia Giusti
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7616
• topic: Direito previdenciário; Tutela antecipada; Restituição

This essay aims to discuss the possibility, or not, of refund of social security cash received for anticipated guardianship that has been revoked afterwards. From the observation of the existence of jurisprudential divergencies about the theme, mainly between the Federal Regional Court of the Fourth Region and the Superior Justice Court, the need of producing this essay was verified. Thus, the essay had as objetive to discussing the possibility of devolution and to compare jurisprudential precedents to the courts. In order to accomplish that, books, jurisprudences and articles as resources for bibliographical research were used to write it. Before this, it could be noticed that the Federal Regional Court of the Fourth Region defends the impossibility of cash restitution, because of the feeding character of the income and the insured’s good faith in receiving the cash. On the other hand, the Superior Justice Court defends the need of devolution for the anticipated measure is reversable and the enrichment situation with no cause may happen if one does not give the amount back. What happens is that the Insurance National Institute generally seeks for the reanalysis of the ones ruled unfavorably, the discussion is taken to the Superior Justice Court, where the imposition of devolution of the amounts is the taken measure and, consequently, it is the last decision uttered in the trial.