Fontes formais do direito previdenciário
Autor | Cláudia Salles Vilela Vianna |
Ocupação do Autor | Advogada, Mestra pela PUC/PR, Conferencista e Consultora Jurídica Empresarial nas Áreas de Direito do Trabalho e Direito Previdenciário, Coordenadora dos cursos de pós-graduação da EMATRA/PR e PUC/PR |
Páginas | 83-83 |
Page 83
Formas de manifestação do direito, as fontes formais do Direito Previdenciário são essen-cialmente emanadas do Estado, posto que sua composição se fundamenta em normas de Direito Público.
A fonte de maior hierarquia é, sem dúvida, a Constituição Federal. Seguem-se a ela no âmbito legislativo: Emendas Constitucionais, Leis Complementares, Leis Ordinárias, Leis Delegadas, Medidas Provisórias e Decretos Legislativos.
Na esfera administrativa, são consideradas fontes formais do Direito da Seguridade Social:
· Decretos;
· Portarias (objetivam trazer instruções para a execução das leis, decretos e/ou regulamentos);
· Resoluções (fundamentadas nas portarias, objetivam complementá-las);
· Instruções Normativas (fundamentadas nas portarias, objetivam trazer esclarecimentos adicionais sobre a matéria tratada);
· Ordens de Serviço (fundamentadas em fontes de maior hierarquia objetivam, geralmente, melhor elucidar as questões tratadas pelas Portarias);
· Orientações Normativas (fontes de mesma hierarquia e objetivo que as ordens de serviço);
· Circulares (fonte formal de menor valor hierárquico...
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