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.
