THE JUDICIALIZATION OS SOCIAL SECURITY: A CRITICAL ANALYSIS OF THE IMPACTS FOR BENEFICIARIES AND FOR THE NATIONAL INSTITUTE OF SOCIAL SECURITY (INSS) AFTER CONSTITUTIONAL AMENDMENT Nº 103/2019

Abstract

This article analyzes the impacts of the Pension Reform enacted through Constitutional Amendment No. 103/2019 on the growth of social security judicialization in Brazil. The study is based on the understanding that Social Security constitutes a fundamental instrument for social protection and the protection of human dignity, which is why the changes introduced by the reform produced significant legal and social consequences for insured individuals. The research examines the main modifications brought about by the reform, especially the increase in the minimum retirement age, the extension of the contribution period, the changes in transition rules, and the reduction in the value of social security benefits, demonstrating how such measures made access to social security protection more difficult, particularly for low-income workers and those engaged in precarious labor relations. Furthermore, the study analyzes the relationship between the tightening of social security requirements and the increase in litigation involving benefits administered by the National Institute of Social Security (INSS), showing that social security judicialization does not arise solely from the exercise of the right of action, but rather from the structural deficiencies of the Social Security Administration, administrative delays, excessive bureaucratization of the system, and administrative resistance to the application of precedents established by superior courts. The research adopts a methodology based on bibliographic review, legislative analysis, and jurisprudential examination of precedents issued by the Federal Supreme Court and the Superior Court of Justice concerning Social Security Law. It is concluded that the Pension Reform significantly contributed to the intensification of social security litigation by restricting historically established social rights and increasing administrative barriers to access to benefits. Finally, the study argues that social security judicialization should be understood as a consequence of the State’s failure to effectively implement fundamental social rights, rather than as an isolated factor responsible for the imbalance of the Brazilian social security system.