The impasse that involves the lack of payment of judicial experts may be close to an end. The National Congress approved, this Tuesday (12), the PLN (Bill of the National Congress) 13, of 2022, which releases a special credit of R$ 312.7 million for the Ministry of Labor and Social Security to pay for the expertise. from the INSS (National Social Security Institute) in court.
As of September 23, the payment is no longer made by the Union in accordance with Law 13,876, of 2019. According to the legislation, the examinations carried out in the Judiciary in disability benefit cases in which the INSS is a party would be paid by the Executive Power for up to two years old. The deadline expired in September 2021 and payments are no longer made.
The special credit is necessary due to law 14,331, which changed the rules of expert fees in cases involving the INSS.
In practice, the Executive will pay for the necessary expertise and, at the end of the process, if the insured is defeated and if he is a beneficiary of free Justice, the payment is on behalf of the Executive. Otherwise, the citizen will have to bear the cost.
According to the IBPS (Brazilian Institute of Social Expertise), the approximately 4,000 experts have worked for free this year. The category involves doctors and also social workers. On average, doctors do 10 to 20 forensics per day. The cost is R$ 200. Social workers, on the other hand, carry out an average of two forensic examinations per day, as these professionals often have to travel and the exams take longer.
Social expertise occurs in actions involving the granting or review of BPC (Continued Benefit Benefit), when it is necessary to assess the social condition of the insured, in addition to the general situation in the case of people with disabilities who go to court in search of the benefit.
For the vice president of the IBDP (Brazilian Institute of Social Security Law), Diego Cherulli, the measure definitively ends an impasse that has been dragging on for months. “This is a great victory for the jurisdiction of the social security processes”, he says.
According to the lawyer, with the approval of Congress, the Budget will go directly to the Ministry of Labor and Social Security and will be allocated to the CJF (Councils of Federal Justice).
Queue at the INSS exceeds 1 million and the agenda is for 2023
Those who need expertise at the INSS can only get an appointment in 2023. The queue, which reached 1 million forensics dammed in May, is a reflection of a series of factors, such as the medical experts’ strike, which lasted 52 days, the closing of agencies in the Covid-19 pandemic and the lack of servers. For experts, waiting longer than 45 days violates the legislation and the agreement signed with the Federal Supreme Court (STF) in June 2021, valid until next year.
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