Prévio requerimento administrativo como condição da ação em lides previdenciárias: acesso à justiça no estado do Tocantins sob o enfoque da crítica de Hannah Arendt à universalidade dos direitos humanos

Abstract

The present study has as object the analysis of the material conditions of access to Nacional Social Insurance Institute of insureds and beneficiaries of the General Social Security Scheme in State of Tocantins. The purpose of the research is to investigate whether the decision of brazilian Supreme Court in RE 631.240, which defined the previous administrative request as a condition of social security lawsuits to be judged, can be applied in the State of Tocantins without prejudice to human rights to percept social security and welfare benefits and to access to jurisdiction. The central objectives of the research were the analysis of the current reality of the material conditions of access to the Institute in each one of the Municipalities of the State of Tocantins, in an attempt to identify the degree of ease in access to the autarchy by the inhabitants of each of these localities, as well as the discussion of the findings from Hannah Arendt's ideas on human rights. The method of approach and research was the deductive. Information from various official data sources was gathered, organized, and tabulated using Lawrence Bardin's methods and techniques for content analysis, as well as quantitative and qualitative assessments. It was found that 99.32% of State of Tocantins’ population has regular access to the Institute. It was concluded that, despite certain criticisms and suggestions presented, the application of RE 631.240 does not represent a violation to those human rights cited, and the administrative litigation with the Institute in the State of Tocantins constitutes a true method of self-composition of conflicts.