A valoração do laudo pericial e a fundamentação das decisões sobre benefícios por incapacidade

Abstract

The work deals with the granting of social security benefits due to disability, excluded as accidental types of assistance due to temporary disability and retirement due to permanent disability, with a focus on the valuation of medical expertise when there is an action before the Judiciary by insurance. It aims to demonstrate the importance of the magistrate proceeding to a thorough analysis of the evidence contained in the records in addition to the medical expertise, given the possibility that the expert physician will make an error regarding the real state of health of the plaintiff. The deductive research method was adopted in order to obtain qualitative results, translated through concepts and ideas. Thus, it has been studied, in view of the system of rational persuasion that the magistrate is not bound by the measures of the medical forensic expert, being able to exclude as consignments from the medical report if there is a robust probative ballast in the opposite sense to the opinion issued. It was also concluded that the decisions based only on the expert medical report can harm the insured too much.