Limbo previdenciário trabalhista

Abstract

This paper analyzes possible solutions to the legal limbo in labor and social security matters, highlighting its effects on the parties involved, especially the worker, who is most harmed by the lack of specific regulations. The study examines the topic based on Brazilian legislation, doctrine, and jurisprudence, focusing on the employer's responsibility during the period of uncertainty regarding the employee's work capacity. The research used a hypothetical-deductive method, with a qualitative approach and bibliographic and documentary analysis. It was found that the social security limbo occurs mainly due to the divergence between the INSS (Brazilian National Institute of Social Security) expert assessment and occupational medicine, in addition to the lack of integration between the labor and social security systems. It was also found that the absence of specific legislation generates legal uncertainty and increases litigation. Finally, administrative, legislative, and preventive proposals were presented to reduce the problem and guarantee the protection of the worker's fundamental rights.