Reflections of the labor sentence inss

• Autor(a) principal: Lacerda, Me. Lourivânia Soares de
• Data de Publicação: 2019
• Outros Autores: Xavier Ribeiro, MSc. Juliana de Oliveira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/170
• topic: Sentença trabalhista. Anotação na Carteira de Trabalho. Iní­cio de prova material para fins previdenciários.; Labor Sentence. Note in Work Wallet. Start of material test for social security purposes.; Juicio laboral. Anotación en la tarjeta de trabajo. Inicio de pruebas materiales para fines de seguridad social.

The objective of this article is to analyze the reflexes provoked by the labor sentence before the social security body, called INSS. This is because, the effectiveness of such a sentence has generated controversy in the Brazilian labor jurisprudence, because there is a resistance on the part of the social security administrative bodies, in the sense of not recognizing the sentence and the labor judicial agreement as a single proof of the time of service for concession purposes. of benefits. However, after EC No. 20 of 1998, there was an extension of the jurisdiction of the Labor Court to execute the social security contributions resulting from its decisions, making from then on a great advance of undeniable value and qualification of this Specialized Justice, because besides safeguarding the workers' rights, also served as a means of enforcement, and just as important, were the amounts that began to be collected for the coffers of the Social Security Authority poured from execution before the Labor Court, which undoubtedly helps the support of Social Security. Subsequently, the jurisprudential understanding was consolidated in this sense, especially with the advent of the statements of the summaries 31 and 34 of the TNU (National Classification of Uniformization of jurisprudence), which consider the annotation in CTPS resulting from homologation labor judgment constitutive proof for purposes social security ", whose beginning must be contemporary to the time of the facts to prove".