Banca de QUALIFICAÇÃO: MELQUIADES PEIXOTO SOARES NETO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : MELQUIADES PEIXOTO SOARES NETO
DATA : 25/07/2019
HORA: 11:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

DIALOGUE BETWEEN THE EXECUTIVE POWER AND THE JUDICIARY POWER FOR AN EFFECTIVE SOCIAL SECURITY

PALAVRAS-CHAVES:

Judiciary. Executive power. Social Security Law. Dialogue. Effectiveness.

PÁGINAS: 118
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
RESUMO:

This paper investigates the need for a dialogical environment, prior to the judicial process, between the Executive Branch and the Judiciary in the discussion of issues related to the application and guarantee of material benefits arising from the right to Social Security. To do so, initially, the application of Fundamental Rights is presented as an essential element for the minimum guarantees of equality and freedom, where Social Security is inserted, as Fundamental Social Right. Through the study, the self-defense behavior of the Public Social Security Administration is presented, in order to override the economic character to the public interest, in an essential way, eliminating minimum guarantees, both in proposing legislative reforms and in applying the current norms. On the other hand, this conduct motivates the massification of social conflicts over the services involved, overcoming the judicial power of actions that deal with the analysis of the right to benefits and their implications, thus overcoming the speed in the face of procedural effectiveness, which , in the end, does not solve the conflicts, but only fulfills the initial role of the jurisdictional activity in giving the society a decision. As a methodology, bibliographical research is developed as well as data analysis provided by the Federal Government, using the deductive method. In view of the model described, in conclusion, it is proposed to create a prior space for discussion between the Judiciary and the Executive Branch, as regards Social Security, as well as integration by representatives of society, to discuss the application of the norms including reforms, avoiding the occurrence of social conflicts, as well as guaranteeing effectiveness to judicial decisions that may come to deal with conflicts that have arisen.

MEMBROS DA BANCA:
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Externo ao Programa - 1254860 - FABRICIO GERMANO ALVES
Externo à Instituição - LEONARDO OLIVEIRA FREIRE - F.M.Nassau