The National Institute of Social Security (INSS) was sentenced by the Federal Court to pay compensation of R$ 5 thousand for moral damages to a pensioner in Xaxim, Santa Catarina.
The decision was taken after the man's disability retirement benefit was wrongly cancelled, an event that came to light in a scenario dominated by the “Lei do Pente Fine”.
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Details of court decision
The 2nd Federal Court of Chapecó concluded that there was an error on the part of the INSS. According to the court, the institution neglected that the retiree was still unable to work, a criterion that should have guaranteed the maintenance of the pension.
“The author has a multidisciplinary disability and does not have conditions for professional rehabilitation”, noted Judge Narciso Leandro Xavier Baez, highlighting the mistake made by the INSS in suspending the social security benefit of the author.
INSS error left retiree without income
The retiree benefit began in 2004 and was canceled 14 years later, in 2019. However, the process highlighted that, although the expert recognized the retiree's difficulties, there were no recent exams or records of his health condition.
Baez criticized the INSS for not asking the retiree to update his exams before concluding his inability to work. He also highlighted the negligence of the entity in ignoring the personal situation of the beneficiary and the long time he has been receiving the benefit.
The impact of canceling the benefit
For the retiree, the INSS decision caused more than mere annoyances. “In the present action, it is certain that the author experienced displeasure, discomfort at having to seek the Judiciary to finally have his request appreciated, in addition to suffering with the suspension of the benefit,” concluded Baez.
The food nature of the benefit exacerbated the retiree's situation, resulting in the need for compensation for moral damages. This case serves as an important reminder for institutions to act with greater care and responsibility when dealing with cases involving the rights of retired citizens.
