Social security benefit return due to repeal of preliminar injunction

economic and legal analyses, and Law 13.846/2019 supervenience

Authors

  • Roberto Luis Luchi Demo justiça federal da 1a região

Keywords:

Preliminary injunction. Repeal. Social security benefit. Return. Legal analysis. Economic analysis.

Abstract

This doctrinal article contextualizes historically the anticipation of judicial protection in the social security process practice, as well as the matter of whether or not return the amounts of social security benefits hence received, due to a judicial repeal, which is subject of Theme 692/ STJ, pending of review since 11/14/2018. Afterwards, it records the legally potential solutions to this issue, including, and especially, considering the supervenience of Provisory Act 871/2019, then Law 13.846/2019, and proceeds with an economic analysis of each solution.

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Published

2020-12-17

How to Cite

LUCHI DEMO, R. L. Social security benefit return due to repeal of preliminar injunction: economic and legal analyses, and Law 13.846/2019 supervenience. Revista do Tribunal Regional Federal da 1ª Região, [S. l.], v. 32, n. 3, p. 16–27, 2020. Disponível em: https://revista.trf1.jus.br/trf1/article/view/229. Acesso em: 3 jul. 2024.