See the victory, by an insured person of the agency, against the INSS in court, setting a precedent for the payment of compensation for moral damages.
An INSS (National Social Security Institute) insured person who won a lawsuit against the municipality receives compensation after suffering losses a few years ago. This decision sets precedents for several citizens who find themselves in the same situation.
The case was judged by federal judge Daniel Chiaretti, of the 1st Federal Court of Corumbá, in Mato Grosso do Sul. Due to the delay in completing the retirement due to suspension, the agency was ordered to pay R$ 15,000 for moral damages, in addition to interest and monetary correction for delays.
The author had suspended payments between 1998 and 2000, when requesting a performance evaluation. In 2002, the request was granted and he received transfers again in 2018, but decided to open a new lawsuit and ask for compensation for the waiting time.
The judge understood that the INSS caused damage by delaying and refusing to pay the money. In the decision, the judge highlighted that the agency was not even able to communicate the periods in which the author did not retire.
What are the INSS deadlines?
According to law 9,749/99, self-sufficiency has up to 30 days to respond to administrative requests for performance review. The deadline can be extended for the same period, but not more than 60 days.
The arrest warrant can be requested from the court if, for example, the requests are under analysis for a period longer than 60 days, explains lawyer Maria Emília Santos Florim, from Neves Bezerra Sociedade de Advocacia.
The deadlines were established in an agreement between the federal government and the Federal Ministry of Public Relations (MPF) and approved by the Federal Ministry of Public Relations (MPF). The waiting time is now up to 90 days, depending on the case, plus 10 days after receipt of the request by the Emergency Deadline Analysis Center (Cemer).
See too: Find out how to earn extra income in dollars by answering surveys.
