The return of amounts received as social security benefits granted by preliminary injunction that was subsequently revoked

case law analysis of the Brazilian superior courts

Abstract

The possibility of recovering amounts received as social security benefits granted through preliminary injunctions that are subsequently revoked is a topic that has gained notoriety and relevance in the legal community due to the jurisprudential divergences observed in Brazilian courts when judging such claims. Lawsuits concerning the granting of social security benefits generally demand urgency given the need and helplessness of the applicant; furthermore, the time lapse for the social security process to be concluded can jeopardize the beneficiary's rights, potentially leading to irreparable and irreversible damage. In these situations, it is not uncommon for preliminary injunctions to be requested so that the right can be satisfied in a timely manner. However, such decisions are made through summary proceedings, and the provisional nature of the injunction implies its possible subsequent reversibility. In case of revocation, the question arises: is the return of these amounts required or not? Given this, the present article seeks to analyze this possibility through a study of the institution of preliminary injunctions in social security proceedings, verifying how the Brazilian superior courts have been ruling on the matter. It uses bibliographic research in print and online sources as methodological procedures.