O neoconstitucionalismo no Direito Previdenciário: a problemática da aplicação de seus elementos pelo Supremo Tribunal Federal no julgamento dos Recursos Extraordinários de nº. 631.240/MG e 661.256/SC

Abstract

This work discusses the phenomenon called neoconstitutionalism in the context of Social Security Law. More specifically, this work focuses on the issue of the application of its elements by the Supreme Federal Count judgements of the Extraordinary Appeals numbered 631.240/MG and 661.256/SC, which approach, respectively, the need of previous administrative application as a prerequisite to access the Judicial Power, and the juridical viability of unretirement. The main goal of this work is to assess the application of the neoconstitutional theory by the Supreme Federal Court in the context of Social Security Law by analyzing the aforementioned cases. The conclusion is that such application was an important cause of decisions that mitigated the fundamental right to social security (6th art. Federal Constitution). This study was conducted by analyzing the neoconstitutionalism in the context of the current constitutional debate, the fundamental aspects of the neoconstitutional theory and the neoconstitutional attitude of the Supreme Federal Court in the context of Social Security Law. The deductive method was applied, and a literature search and a content analysis have been done.