A Análise Econômica do Direito e o CRPS: um contributo a um processo recursal administrativo eficiente

• Autor(a) principal: Waldrich, Rafael Schmidt
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19389
• topic: Economic analysis of law; Pension law; Opportunity costs; Operational costs; Efficiency; Social Security Appeals Council; Resolution of pension disputes; Análise econômica do direito; Direito previdenciário; Custos de oportunidade; Custos operacionais; Eficiência; Conselho de Recursos da Previdência Social; Resolução de conflitos previdenciários; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO

This thesis, developed in the area of concentration of Legal Thought and Social Relations and line of research in Labor and Social Security Law, aims to carry out a study on the efficiency of the resolution of social security conflicts in the extrajudicial scope, with theoretical foundation in the Economic Analysis of the Law (AED). Based on its assumptions, data was collected regarding benefit requirements, administrative appeals and lawsuits related to social security matters, necessary for comparing the efficiency between the Social Security Appeals Council (CRPS) and the Judiciary to make it possible the proposition of a review of the economic incentives related to the administrative appeal that demonstrate the administrative jurisdiction as an efficient option for the resolution of social security conflicts. It has the overall objective of proposing, based on the AED theoretically, a review of the economic incentives available to policyholders for the extrajudicial resolution of conflicts, in order to consolidate the CRPS as a public agency that exercises legitimate jurisdictional control of dismissal decisions, pronounced by the National Institute of Social Security (INSS), and produces efficient results in the realization of social security rights. To achieve this general objective, the following specific objectives were outlined: a) Present, in a bibliographical synthesis, the Economic Analysis of Law, its theoretical basis and main assumptions that can support the restructuring of the CRPS; b) Identify the function of the INSS, its numbers referring to applications, concessions and rejections, estimating the cost of operating the administrative process within the scope of this autarchy; c) Identify the performance of the CRPS, its numbers related to the administrative appeals demanded, provisions and non-provisions, estimating the operational cost of the social security administrative appeal process and mapping the main causes that contribute to the inefficiency of this public agency; d) Identify the main causes of the judicialization of social security claims, highlighting the Judiciary as a protagonist in the resolution of conflicts of this nature, their numbers and the cost of operating a judicial process of this nature; and e) Present in detail several current CRPS economic incentives, whose inadequacy and impropriety prevent an action with the production of efficient results, in order to justify the proposals for changes and the perspective of the new cost of operation, considering the new incentives suggested , aiming to make the CRPS a legitimate and efficient public agency of judicial control. In this thesis, organized with the use, in the course of the research, of the methodologies: descriptive, bibliographic, deductive, explanatory and inductive, it was concluded that the restructuring of the economic incentives of the CRPS, based on the AED, is feasible, being presented, in a separate chapter , several suggestions for reorganization, justifying the importance of the originality of this work for the efficient administrative appeal practice, which contributes to the academy and also that social security rights are implemented for society.