A DEVOLUÇÃO DOS VALORES RECEBIDOS POR BENEFÍCIOS PREVIDENCIÁRIOS CONCEDIDOS POR TUTELA ANTECIPADA POSTERIORMENTE REVOGADA: ANÁLISE JURISPRUDENCIAL DOS TRIBUNAIS SUPERIORES BRASILEIROS

Abstract

ABSTRACT: The possibility of the return of amounts received for social security benefits granted through "early protection" that can be revoked later, is a theme that has gained notoriety and relevance in the legal community in view of the jurisprudential differences that have been verified in the Brazilian courts when judging such claims. Actions concerning the granting of social security benefits usually demand urgency in view of the situation of need and helplessness of the applicant; In addition, the time-lapse for the social security process to be completed may jeopardize the beneficiary's right and may lead to irreparable and irreversible damage to the claim. In such situations, it is not uncommon for protection to be required before the right can be fulfilled in a timely manner. However, such a decision is made by summary cognition, and the provisional nature of the guardianship implies that it may be posterior reversed. In case of revocation, the question is: is it appropriate to return these values? Given this, the present article seeks to analyze this possibility from a study on institute of "early protection" in the social security process, verifying how the Brazilian courts have been manifesting on the subject. It uses as methodological procedures the bibliographic research in print and virtual.

KEYWORDS: SOCIAL SECURITY LAW. SOCIAL SECURITY BENEFITS. SOCIAL SECURITY PROCESS. ANTICIPATED TUTLE REPEAL. RETURN OF VALUES.