Topic 692/STJ

an analysis and discussion about the return of social security values and the existential minimum

Abstract

The purpose of this work is to discuss the principle of the existential minimum and the return of social security amounts received in advance relief that is later revoked. Although the Superior Court of Justice decided the issue regarding the possibility or not of the return of these amounts in a Repetitive Appeal, this dragged on for many years, considering that it would directly affect the insured with regard to their minimum rights to survival. Thus, aiming to demonstrate how harmful this decision is, the characteristics of each social security benefit were listed, as well as who they are intended for, seeking to demonstrate the precariousness regarding the people to whom they are granted. The study adopts a literary review with a focus on the jurisprudence adopted by the Superior Courts, specifically the understanding reached by the STJ in Theme 692. The specific aspects of granting guardianships considered urgent were brought to the fore, demonstrating why it is necessary. Finally, aiming to demonstrate that the return of amounts received in good faith through advance protection that was later revoked directly affects what the Federal Constitution/1988 expressly expresses, the understandings regarding this return were exposed, making it clear that despite the decision in a repetitive appeal by the higher court, there is still an abyss regarding legal certainty regarding this topic. This is because, as demonstrated, these are precarious parties that, in addition to the benefit withdrawn, must return values that directly affect their subsistence.