JUDICIALIZAÇÃO PREVIDENCIÁRIA E O COLAPSO DA GESTÃO ADMINISTRATIVA: ANÁLISE DOS IMPACTOS NA CELERIDADE PROCESSUAL E SEGURANÇA JURÍDICA

Abstract

This article examines the relationship between the collapse of the administrative management of the Brazilian National Social Security Institute and the massive judicialization of social security claims, focusing on its impacts on procedural celerity and legal certainty. The starting point is the premise that social security is a fundamental social right, under articles 6 and 201 of the 1988 Federal Constitution, and that its effectiveness depends on both the administrative procedure and judicial protection. The central problem concerns the extent to which structural deficiencies in the administrative procedure compromise the reasonable duration of proceedings and the predictability of judicial decisions. The methodology is hypothetical deductive, qualitative and quantitative, combining literature review, analysis of binding precedents established by the Federal Supreme Court and the Superior Court of Justice, and examination of official data from the INSS Panel of the National Council of Justice and from the empirical report produced by the Institute of Education and Research. The results indicate that INSS is the largest litigant in the Brazilian Judiciary, with more than four million pending cases, and that the average time between filing and first ruling exceeds three hundred and thirty days. The conclusion is that targeted measures such as the Desjudicializa Prev Program, CNJ Resolution n. 595/2024 and Law n. 15.201/2025 represent important advances, but are insufficient given the need for a structural reform of social security administrative management.