DIFICULDADES DE ACESSO AOS PROCEDIMENTOS ADMINISTRATIVOS DOS REQUERENTES DE BENEFÍCIO POR INCAPACIDADE DO INSS ASSEGURADOS PELOS DIREITOS FUNDAMENTAIS EXPOSTOS NA CF/1988 E NA LEI Nº 8.213/1991

Abstract

Abstract: This paper aims to analyze the difficulties faced by beneficiaries of the National Institute of Social Security (INSS) in accessing administrative procedures related to disability benefits. This benefit, provided for in the Federal Constitution of 1988 and regulated by Law No. 8,213/1991, represents an expression of the fundamental rights to social security and human dignity. However, several obstacles compromise its effective implementation, such as excessive bureaucracy, the lack of accessible guidelines, the limitation of digital services and the deficiency in the training of civil servants. The central problem lies in the distance between the formally guaranteed right and its practical realization in the daily lives of the insured person unable to work. The research adopts a theoretical-empirical approach, based on qualitative and quantitative analysis. The study uses bibliographical research in classic and contemporary doctrinal works on Social Security Law (such as Castro, Lazzari and Agostinho), legislative analysis of the Federal Constitution of 1988 and Law No. 8,213/1991, in addition to a survey of secondary data from reports by the INSS, the Federal Court of Auditors (TCU) and the National Council of Justice (CNJ). A case study is also presented to illustrate the reality faced by insured individuals in vulnerable situations. The results point to structural and administrative failures that result in violations of fundamental rights, especially in cases of undue denial, delays in carrying out expert assessments and technological barriers. The conclusion is that there is an urgent need to reform social security services, including digital inclusion policies, ongoing training for civil servants and greater transparency in procedures. In this sense, the implementation of disability benefits requires the State to make a more effective commitment to the constitutional principles of dignity, efficiency and social justice.