Restituição de verbas em demanda previdenciária: a (im)possibilidade de devolução de benefìcios recebidos por força de tutla antecipada.

Abstract

The purpose of this monograph is to analyze the (im) possibility of repayment of social security funds received through advance protection that was later revoked. The finding of different interpretations and applications in relation to the theme, especially the jurisprudence of the Regional Federal Court of the 1st Region and the Superior Court of Justice, served as inspiration for the elaboration of this work. Thus, in order to analyze the theme, the technique of comparison of judicial precedents of the courts was used regarding the possibility or not of returning social security funds. That said, it was noted that the line of interpretation of the Regional Court of the 1st Region, that is, the impediment of the return of values, is based on the alimentary character of the values and in good faith regarding the receipt by the insured of such funds. From another perspective, the Superior Court of Justice understands that such social security amounts should be reimbursed, considering, for such, the configuration of unjust enrichment and the reversible character as it anticipates the tutelage.