DA GARANTIA DE ACESSO À JUSTIÇA FEDERAL, SEM PRÉVIO PROCESSO ADMINISTRATIVO NO INSS DURANTE A PANDEMIA DO SARS COVID-19

Abstract

The Brazilian Social Security System was heavily impacted by the Covid-19 Pandemic, and through the careless action of the INSS, thousands of people were prevented from enjoying its support. The objective of this paper is to provide an analysis of the condition of the previous administrative requirement prior to the filing of the lawsuit, and how this requirement interferes with the right to effective access to justice. Through the hypothetical deductive method, it is shown that the federal autarchy has not been able to meet the demands imposed on it, causing irreparable damage to the insured who needs immediate support. It requires, given the delicate moment that we are in, an exceptional performance by the State, since the scenario requires that jurisdictional protection go beyond the established limits. It is proposed, therefore, to overcome the condition of prior requirement in the judicial process protocol, through public policies that bring action in an equal manner, as a social protection mechanism during the pandemic.