As repercussões da perícia médica judicial em ações previdenciárias de benefício por incapacidade

Abstract

This study aimed to identify the socio-procedural role of judicial medical expertise in disability pension claims, and how this evidence reflects on the process. In order to do so, we used the inductive method and quanti-qualitative approach. First, through bibliographic and documentary research on laws, doctrines, academic works and jurisprudence, we sought to present the context of Social Security in Brazil and the material and procedural aspects necessary for the granting of disability benefits. Then, the judicial medical expertise was approached as evidence of the social security process. Finally, through data collection in the Third Rapporteurship of the Appeals Panel of the Federal Special Courts of the Judiciary Section of Tocantins, it was investigated how the judicial expertise has been given in practice, as well as its procedural repercussions. Through the analysis of the jurisdictional stance adopted by the collegiate before the expert evidence, the research identified that on several occasions this evidence has not been satisfactorily made. Among the assessments observed, then, the non-acceptance of the evidence in whole or in part, demands the carrying out of diligences and even the annulment of the sentence to carry out a new expertise. It was also identified that it has concrete impacts on the time and cost of the process and, thus, on the provision of the right to the insured. It was concluded, therefore, that medical expertise is fundamental evidence in the judicial process of granting social security benefits for disability, and its function, more than procedural, is social.