AN ANALYSIS OF THE ROLE OF SOCIAL SECURITY IN BRAZIL, BEFORE AND AFTER THE COVID 19 PANDEMIC: IS JUDICIALIZATION A SOLUTION?

Abstract

Despite the evolution with regard to fundamental rights, we still find it difficult to resolve conflicts between fundamental rights, caused by exacerbated use and with a strong burden of interpretation about the scope of such rights. The principle of inalienable jurisdictional control is, without a doubt, a great achievement, in terms of protecting citizens and imposing limits on State power, as well as the imposition of obligations to do, with a view to fulfilling constitutional provisions. However, this same Principle, given its trivialization and misuse, ends up fostering an uncomfortable conflict, that is, it guarantees access to the Judiciary for anyone, however, it contributes to maintaining a demand that is practically impossible to be met. A culture of litigation, contrary to the world trend of mediation, also contributes to an increase above common sense in the search for judicial protection. The COVID 19 Pandemic only opened this reality, proving that social security, due to the nature of a fundamental right, and due to its very important role in maintaining the rule of law, has been increasingly impacted, whether in the conduct of the INSS or in the court decisions granting benefits.