A ilegalidade do prazo decadencial para requerer o seguro-desemprego

• Autor(a) principal: Siqueira, Julio Pinheiro Faro Homem de
• Data de Publicação: 2020
• Outros Autores: Souza, Victor Roberto Corrêa de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito UFPR (Online)
• Texto Completo: https://revistas.ufpr.br/direito/article/view/67642
• topic: Direito; Direito administrativo. Direitos fundamentais. Seguro-desemprego. Prazo decadencial. Poder regulamentador.; Law.; Administrative law. Fundamental rights. Unemployment insurance. Application of laches. Regulatory power.

This paper is the result of a research on a very specific issue, which is not faced by doctrine, but divides the Brazilian federal case law. It is the analysis of the legality of laches regarding unemployment insurance. Such laches was established, in Brazilian legal order, by means of a normative administrative act (infralegal nature) to limit the exercise of a fundamental social right. Considering this, the background question is: — Can secondary legislation restrict the exercise of a constitutionally provided right? The answer given by the same constitutional text is negative, since it is expressly required the need for a law. Therefore, the Brazilian Constitution also provides that the normative acts’ exercise must be authorized by the law that it intent to regulate, being its performance limited. Thereat, the problem that guided this research arises: — Did the law ruling the unemployment insurance authorize the application of laches by secondary legislation? In doctrine a single work on this issue was found, while the courts diverge. The purpose of the research was, then, checking the validity of the assumed hypothesis of response that this laches is illegal. Therewith, a short survey of legislation, doctrine and case law was carried out, by means of descriptive method, to, employing hypothetical-dialectical method, check validity of the arguments of the legality thesis, thus demonstrating the correctness of the illegality thesis.