Dependência de terceiros
Autor | Wladimir Novaes Martinez |
Páginas | 31-31 |
Page 31
Em certos casos dá-se o direito do pedido de revisão e da revisão propriamente dita dependerem de fatos estranhos aos autos do pedido inicial do benefício ou de sua manutenção.
Um exemplo clássico é o da prova emprestada.
Quando o segurado está questionando vínculo empregatício, salários ou tempo de serviço na Justiça do Trabalho, a decisão final pode demorar anos.
Nada impede que, com os elementos de que dispõe, possa requerer uma aposentadoria com menos tempo de serviço ou salário de contribuição a que faz jus, na dependência da decisão judicial.
Reconhecido o seu direito, ele interrompe o prazo prescricional fixado na lei e deve ser contado a partir do momento em que tomar ciência da decisão final.
Entendemos que, quando da solicitação...
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Revisão dos benefícios previdenciários. 3ª edição
- Conceitos
- Introdução
- Imprescritibilidade dos benefícios
- Conceito genérico de revisão
- Revisão no direito previdenciário
- Natureza jurídica
- Relação jurídica de revisão
- Pressupostos lógico e jurídico
- Fontes formais
- Aspectos gerais das revisões
- Revisão previdenciária
- Distinções imperiosas
- Dependência de terceiros
- Revisão de cálculo
- Revisão de mensalidades
- Revisão de direito prescrito
- Efeitos da ação judicial
- Pedido de revisão e interposição de recurso
- Decurso do prazo e interesse de agir
- Benefícios subsequentes
- Reformatio in pejus
- Revisões oficiais
- Tipos de revisões
- Súmula TNU n. 81
- Revisão do Servidor
- Revisão do Participante
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