Auxílio por incapacidade temporária: análise da tutela provisória

Abstract

This project aims to analyze the possibility of granting provisional protection in the scope of temporary disability benefits (formerly known as sickness benefits), through a study of legislation and jurisprudence related to the topic. Initially, a brief history of social security in the world and in Brazil is presented, as well as the guiding principles and current legal frameworks, with a focus on the General Social Security Regime. The study then addresses temporary disability benefits and provisional protection, emphasizing their specific application in the context of sickness benefits. Issues related to the repayment of amounts received from revoked urgent provisional protection are also discussed, as well as the changes brought about by Law 14,331/2022 in the judicial process for disability benefits in social security. Based on the analysis of recent jurisprudence, trends and challenges faced by legal practitioners in granting provisional protection in the scope of temporary disability benefits are identified, as well as the legal and practical consequences arising from these decisions. It is concluded that the topic is relevant and demands greater attention and study from the legal community. The research method used was inductive, employing bibliographic research techniques, documentary-legal research, and the analysis of judicial decisions on the subject.