A INFLUÊNCIA DOS LAUDOS PERICIAS E ESTUDOS SOCIAIS NAS DECISÕES JUDICIAIS SOBRE BENEFÍCIOS PREVIDENCIÁRIOS: ANÁLISE DA DESVALORIZAÇÃO DAS PROVAS MATERIAS NA COMPROVAÇÃO DA QUALIDADE DE SEGURADO ESPECIAL

Social security law plays a fundamental role in ensuring that beneficiaries under the General Social Security System have access to benefits, including special insured persons, such as rural workers, artisanal fishermen, spouses, children over 16 years old, indigenous people, and vegetal extractivists who operate under a family economy system. To receive benefits, these insured individuals must prove their status through initial material evidence, complemented by testimonial evidence. However, the lack of uniformity in judicial decisions regarding what qualifies as initial material evidence and the overvaluation of testimonial evidence has led to legal uncertainty. This imbalance undermines the principle of the judge’s motivated free conviction and may result in unequal decisions, violating the principle of equality. This study highlights the need for clearer and more consistent criteria to ensure fair and equitable social security decisions for special insured persons.