Limbo jurídico previdenciário-trabalhista: uma análise sob a ótica do princípio da dignidade da pessoa humana

Abstract

The social security-labor legal limbo configures a moment in which the worker, a mandatory Social Security insured, who is enjoying a disability benefit, whether temporary or permanent, is considered fit for work by the National Social Security Institute, but his Reinstatement or adjustment in employment is prevented by the employer, who is based on the medical opinion at work or from the attending physician indicating his incapacity for work. From this perspective, the present work proposes an analysis of the phenomenon, which is the result of a normative gap between the social security and labor spheres, investigating its ramifications and implications in light of the fundamental principle of human dignity. We sought to investigate its causes, placing it in the context of social policies, and evaluating whether judicial decisions have protected the principle of human dignity. In this way, the study sought to solve the following research problem: to what extent does the social security-labor legal limbo violate the principle of human dignity? What are the possible solutions to resolve the regulatory gap? To this end, theoretical-bibliographical research and analysis of jurisprudence from the Labor Court and the Federal Court were used. The work identified gaps in the legislation regarding limbo, with the majority understanding in the Courts, in the sense that the employer cannot prevent the employee from returning to work, nor suspend the payment of wages, being his responsibility to pay the wages of affected workers. In conclusion, the presence of this gap violates the principle of human dignity, as it relegates the worker to a condition of uncertainty and helplessness