Banca de DEFESA: MELQUIADES PEIXOTO SOARES NETO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : MELQUIADES PEIXOTO SOARES NETO
DATA : 27/08/2019
HORA: 16:00
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: 122
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 and Judiciary powers in the discussion of issues related to the application and guarantee of material benefits deriving from the right to Social Security. At first, due to the historicity of fundamental rights, the application of Fundamental Rights is evidenced as an essential element for the minimum guarantees of equality and freedom, which includes Social Security, such as Fundamental Social Law. In a second moment, the self-defense behavior of the Social Security Public Administration is presented, so as to override the economic interest to the public interest, essentially eliminating minimum guarantees, both in the proposition of legislative reforms and in the application of the rules in force. On the other hand, this conduct motivates the massification of social conflicts over the services involved, overcoming the judiciary power of actions that deal with the analysis of the right to benefits and its implications, thus surpassing the speed in the face of procedural effectiveness, which in the end does not resolve conflicts, but only fulfills the initial role of judicial activity in giving a decision to society. In a third moment, the stage of social security reforms is presented as an empirical element that demonstrates both the self-defensive conduct of the Executive, and the overlap of procedural speed in the face of effectiveness, by the judiciary. Finally, we defend the creation of an instrument of relationship between the two state functions already mentioned, using as an example, the Federal Justice Intelligence Centers, addressing the issues in a strategic and preventive way. bibliographic analysis and data analysis provided by the Federal Government, using the deductive method. Given the model described, in conclusion, it is proposed to create a prior space for discussion between the judiciary and the executive branch, with regard to Social Security, as well as the integration by representatives of society, to discuss the application of the rules, including reforms, avoiding the occurrence of social conflicts, as well as ensuring the effectiveness of judicial decisions that may deal with the conflicts that have arisen

MEMBROS DA BANCA:
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Interno - 1254860 - FABRICIO GERMANO ALVES
Externo à Instituição - DANIEL ARAUJO VALENCA - UFERSA