Abstract:
This research intends to outline considerations and study the social security-labor
legal limbo in order to point out and delimit the existing problem in the absence of
discharge regulation by the INSS. The employee is referred by the employer to
Social Security in order to start receiving sickness benefit and to improve his illness.
The INSS grants the discharge by the social security doctor and the insured must
address the employer, who is released for work. Unfortunately, not all discharges
occur with the insured person already recovered. When the employer diagnoses that
the worker is still sick, the worker cannot perform the job, the employee is left with no
source of income. It intends to explain the position that jurisprudence and doctrine
must adopt in order to remedy the existing limbo with the absence of regulations.
