Da aplicação da coisa julgada secundum eventum probationis nas ações individuais previdenciárias

Abstract

The impulse for the development of this work emerged from the doctrinal and jurisprudential divergence regarding the adoption of the res judicata secundum eventum probationis in the individual social security actions. It should be emphasized that the issue is of particular importance given the current system of social security, in order to seek for celerity and, at the same time, ensure the satisfaction of the beneficiary or the dependent. In this sense, considering that the issue involves legal principles that take place of relevance in the legal system, such as the due legal process and legal certainty, a solution for the controversy was sought by making the compatibility of the institute with the expected constitutionally values in order to obtain a more probative and effective process in the light of the value formalism.