A dinâmica do processo administrativo dos benefícios previdenciários

• Autor(a) principal: Pereira, Fernanda Reis
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/9081
• topic: Proteção social; Processo administrativo previdenciário; Previdencia social -- Leis e legislacao -- Brasil; Processo administrativo -- Brasil; Social protection; Administrative procedure social security; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This work is an analysis of the development of social security administrative procedure as a tool for ensuring social protection of policyholders of Social Security in the application of social security benefits. It s delineated the evolutionary path of social protection worldwide and its development in Brazil until now. From this reality, the administrative process as a necessary tool for ensuring social protection is showed. Then, the source of the administrative function is analyzed, visiting the main historic moments of its evolution until the current model of affirmation and implementation of the democratic state of law. Besides, this work dedicates to the general theory of administrative procedure - consolidated in the Law 9.784/99 - defining what principles are and delineating each one of them. Subsequently, the analysis is directed to the main goal of this work based on the study of administrative procedure in social security, demonstrating the many peculiarities of the administrative work in this area. Differences between the procedure and the administrative process are showed - a distinction of great importance for understanding the stages of the administrative welfare state activity. Once established this distinction, the administrative writ until its decision is analyzed (administrative procedure), with the consequent formation of the social security deal (administrative process)