Os desafios institucionais no sistema previdenciário brasileiro: a hiperjudicialização do auxílio por incapacidade temporária rural no maranhão, entre 2022 e 2024, e os impactos dos entraves administrativos na proteção jurídica do segurado especial

Abstract

This study investigates the phenomenon of hyperjudicialization of temporary rural disability benefits in the State of Maranhão between the years 2022 and 2024. Based on a literature review, legislative survey, and analysis of data extracted from official INSS bulletins (BEMBI and BEPS) and the National Council of Justice (CNJ), the research maps the growth of judicial demand in contrast to the inefficiency of the administrative pathway. The study is guided by the following questions: What are the main administrative obstacles faced by rural special insured individuals in obtaining the benefit from the INSS? And how have these obstacles contributed to the significant increase in judicial claims for rural disability benefits in Maranhão? The central hypothesis is that structural failures in the administrative process—such as delays in conducting medical examinations, rigid evidentiary requirements for proving rural activity, and the lack of proper guidance for insured individuals—constitute barriers to accessing rights. These issues drive rural workers to seek the Judiciary as the only means of securing social protection. Accordingly, the data show that the Judiciary, by granting a large proportion of claims initially denied by the agency, has taken on a corrective role in addressing the injustices caused by a system marked by disproportionate demands and the neglect of rural socioeconomic realities. In conclusion, the study finds that the increasing litigiousness observed does not stem from abusive behavior by the insured, but rather from the State’s failure to ensure the effectiveness of social rights