Sentenças para além dos muros: a influência persuasiva da perícia médica no convencimento judicial em casos envolvendo a concessão de benefícios previdenciários a PVHIV no âmbito dos Juizados Especiais Federais de Natal/RN
The concession of social security benefits to people living with HIV (PLHIV) is established by the Law nº 7.670/88, in situations where the disease makes them unable to work. There are even regulatory commands enshrined in Ruling nº 78 of the National Class of Uniformization (TNU) that guide the tas...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/55371 |
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| Resumo: | The concession of social security benefits to people living with HIV (PLHIV) is established by the Law nº 7.670/88, in situations where the disease makes them unable to work. There are even regulatory commands enshrined in Ruling nº 78 of the National Class of Uniformization (TNU) that guide the task of judges in these cases. Thus, the present work has the general objective of examining whether the medical expertise, when handled as a vehicle for technical elucidation in these cases, providing clarification on the alleged (in)capacity of the applicants, has a greater degree of persuasion in convincing the judges of the Special Courts (JEF's) of Natal/RN than the other evidences. Therefore, in its theoretical bias, the research addresses the importance of evidence as argumentative instruments in reconstructing facts in court, as well as the existing limitations in the field of civil procedure when considering the pursuit of “truth”. In addition, it looks at the valuation of these elements and how the standards of evidence operate in rendering fair and legitimate decisions by these judges. Furthermore, it also talks about the stigma related to HIV and the difficulties encountered by individuals who live with the disease, exploring the tense connection established between it and the field of work. The empirical aspect of the study involves consulting, in Content Analysis, the drafts of the sentences handed down by the JEFs of the locality in question, with the aim of identifying whether the medical evaluation imported into these processes has a higher weight in the intellection of those in charge of judging such cases, although the summary command issued by TNU requires the consideration of other factors, such as the personal, social, economic and cultural conditions of the applicants, capable of fully reaching the discriminatory realities experienced by these subjects. In this way, based on the proposed questions, it was possible to perceive that the verdict issued by clinical examination is used as a ruler to determine the capacity (or lack thereof) of those seeking judicial assistance, opening the door for the inadequacy of these institutions to provide state support to those in need due to HIV. |
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