Considerations about the decadence against the beneficiary in the pension law ambit

Abstract

This paper aims to address some important questions about the institute of Lapsing in ??Social Security Law, regarding Lapsing against the beneficiary, and it is not uncommon to consult the assistants of the Public Defender´s Office about their possibilities of reviewing their benefits, when we must tackle the issue in the light of current legislation and the most current jurisprudence. Until June 27, 1997, the date of publication of Provisional Measure nº 1.523-9 / 97, later converted into Law nº 9.528 / 97, the social security legislation was not aware of the institute of Lapsing. Since a period of time, for the exercise of rights by insured persons, has been included in the system, many debates about the interpretation of their true nature, as well as the contours of their application to the various situations, presented in practice. Although the Federal Supreme Court, in the judgment of RE 626.489 / SE, has pacified some understandings on the subject, many other controversial issues remain open, such as those concerning the application of the deadline of lapsing in the actions for recognition of time of service or contribution, application of the lapsing period for the review of antecedent benefit in case of death pension, the possibility of interruption of the lapsing period in the cases of administrative application, among others. The present article seeks to bring to the reader the current panorama of the doctrinal and jurisprudential debate on the subject.