- Início
- Livros E Revistas
- Recursos Administrativos E Judiciais Previdenciários
- O Processo Judicial Previdenciário
Considerações iniciais
Autor | Luciano Dalvi |
Ocupação do Autor | Formado em Direito pela UVV-ES. Especialista em Direito Público e Processual Público pela CONSULTIME/Unives. Advogado |
Páginas | 112-112 |
Page 112
O processo judicial previdenciário tem características próprias (competência, legitimação etc.) que serão tratadas dentro deste capítulo. Marco Aurélio Serau Junior19 destaca:
O Processo Judicial Previdenciário é o segmento do Direito Previdenciário (mais do que do Direito Processual Civil) que se dedica ao estudo e exame das chamadas ações previdenciárias [...] A simples figuração do INSS no polo passivo do processo não se presta a distinguir o conceito de lide previdenciária, pois esta autarquia também pode ser demandada em ações de outra natureza (cível, trabalhista, administrativa etc.) [...] Deve o cientista do Direito, portanto, ater-se principalmente ao conteúdo ou natureza do objeto, que deve circundar próximo aos temas (modalidades) de benefícios supramencionados, independentemente do tipo de ação em que veiculada [...] O Processo Judicial Previdenciário, portanto, deve...
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