A irrepetibilidade dos valores recebidos de boa-fé, a título de benefício previdenciário: uma abordagem sob a ótica do Direito Administrativo

Abstract

The National Social Security Institute (INSS), a federal agency whose main purposes are the granting and maintenance of benefits administered by Social Security, has been promoting the audits in benefits, which has given rise to revisions of acts of concession and rents monthly paid to policyholders. This study aims to investigate the effects of such review, with a view to preserving the rights of the insured. The consecration of the Social State of Law, frequent giver of benefits to citizens of diverse, gives birth, at least for those who have acted in good faith, the right to uniqueness of the advantages that have benefited, in view of the fundamental right to stability legal relations between the administration and the administered. Indeed, it is fully defensible the argument that, since revised the act of granting a pension benefit, its invalidation only produce effects for the future, in order to prevent the Administration may charge the insured who received
the boon in defiance of the law, the funds received most, without having contributed to the practice of unlawful act. If the acts in question were the work of the government itself, why they were invested with the presumption of veracity and legitimacy accompanying administrative acts, it is natural that given in good faith has acted in them accordingly, enjoying what the result of such acts. Thus, it’s only given to the Administration to cancel illegal act to prevent it to continue producing effects, they can’t requires the beneficiary to return the received.