Da vedação ao enunciado nº8 das turmas recursais da seção judiciária do Espírito Santo em demandas previdenciárias envolvendo o mínimo existencial

Abstract

This study focuses on the fact-interpretation activity carried out in the exercise of jurisdiction in the area of ​​social security claims aimed at to the benefits for work incapacity provided for in Law 8.213/91, whose factual requirements for granting fall on the existence of work incapacity, consistent in the loss or reduction of the individual's ability to perform the usual professional activity. The development of the theme will permeate the exhibition of the matrices of the legal tradition of civil law adopted in Brazil, in order to enable the understanding of its consequences in the consolidation of the current state of the art Brazilian procedural, in which the real truth is still adopted as the purpose to be achieved through the exercise of jurisdiction. The mode of operation of the factual judgment will be verified, including its steps. After such exhibitions, it will happen to the issue of adopting real truth as the scope of factual judgment, proposing, in its place, the adoption of a notion of hermeneutic truth based on the Theory of Evidence Standards developed in the United States of America. Next, the Theory of Evidence Standards will be inserted in the comprehension of what has been called Theory of Constitutionally Founded Evidence, importing contributions from the North American institute to the exercise of jurisdiction in the context of Democratic Constitutionalism. Once such premises have been established, Statement No. 8 of the Panels of Appeal of the Section will be presented Judiciary of Espírito Santo, jurisprudential paradigm that will be analyzed criticism aimed at understanding the problematic of the dogma of reaching for the truth real through the process using scientific knowledge imported into the Jurisdiction through the expert report, identifying the unconstitutionality of decisions established in these tables