A perícia médica federal sob a ótica da lei 13.846/19 e sua aplicação no âmbito administrativo e judicial na identificação da incapacidade dos segurados da previdência social

• Autor(a) principal: Gonçalves, Grasiele da Silva
• Data de Publicação: 2020
• Outros Autores: Ferreira, Juciara Almeida
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1068
• topic: Previdenciário; Perícia Médica; Perito Médico Federal; Incapacidade; Benefício por incapacidade; Duplo Grau de Jurisdição; Âmbito administrativo; Poder Judiciário; 6.01.00.00-1 Direito

This study aims to analyze medical expertise in the administrative and judicial spheres, with a view to granting benefits due to incapacity for work, administered by the National Social Security Institute - INSS. Medical examinations within the scope of the INSS were carried out by professionals in the career of social security medical experts, with the advent of Law 13,846 / 19, this career was incorporated to those of Federal Medical Experts, creating the Federal Medical Expertise Undersecretariat, and now being responsible for carrying out the expertise in any federal scope that it needs, be it administrative or judicial. The excitement raised concerns the medical specialty of the expert professional and the body responsible for carrying out the expertise, since today these are carried out by expert doctors who generally do not have the scientific knowledge of the insured person's disability, sometimes the assessments are carried out without humanization , with the objective of reaching goals and reducing the government's social security deficit, which can cause errors and great injustices, leaving to resort to the Judiciary to reverse the situation and obtain the benefit. The conclusion resulted in a need for division of experts by category according to specific medical training, under the terms of the ICD-10 professional training, in order to provide a more reliable analysis as possible to the reality of the insured, and also a division by competence so that medical expertise is carried out in each of the organs, INSS, CRPS and Judiciary. In this way, with the realization of medical expertise at CRPS, policyholders would have more security when appealing to the Council, and would relieve social security lawsuits, in addition to providing the due Double Degree of Jurisdiction to the appeal body. The study is based on literature reviews that provide theoretical support and are based on the positions of legal professionals. In addition, in explaining the study, bibliographic and descriptive research is based on the publication of books, magazines and scientific articles