As externalidades da avaliação sequelar introduzidas pela Lei n. 9.032/95 no auxílio-acidente sob a óptica da perícia médica hodierna

• Autor(a) principal: Antunes, Brenda
• Data de Publicação: 2017
• 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/5482
• topic: Direito previdenciário; Previdência social; Benefícios previdenciários; Legislação

The present study has as main objective to analyze the reflexes resulting from the unification of the percentage on the benefit-salary in the calculation of the initial monthly income of the accident aid coming from the standardization of the sequelar model introduced by law 9.032/95 in the social security sphere. The qualitative approach, the bibliographic procedure, and the level of depth, the exploratory nature, were used for research. The results of the study were obtained from the analysis of the current evaluative method in comparison to the old criterion made from the verification of different degrees of reduction of the labor capacity in front of the new perspectives of expert medicine and the social security legislation as a whole. In this sense, two aspects are exposed: that of retrocession prior to law 9.032/95 and that of advancement provided by it, presenting the doctrinal and jurisprudential understandings about the subject and the main approaches that govern it. With the research, it was found that the reasons for the 1995 change in the accident aid no longer fit the current scenario, so that they contradict themselves in the face of new social security laws, as well as the advancement of medical expertise and contemporary interpretation Judicial and systematic approach to the subject. Thus, it is concluded by the believing need for a new analysis of the accident-aid by the legislator regarding the evaluative criterion and the applied percentage, in order to overlap with what is best presented to the social security system as a whole, considering both the principles that govern The General Social Security Regime, as well as the interests of the insured persons who do so.