THE (IN)EFFECTIVENESS OF SOCIAL SECURITY MEDICAL EXAMINATIONS IN ENSURING THE RIGHT TO DISABILITY BENEFITS AFTER CONSTITUTIONAL AMENDMENT 103/2019

Abstract

Objective: This article analyzes the importance of social security medical examinations as instruments for enforcing the right to disability benefits, focusing on the impacts of Constitutional Amendment 103/2019.

Methodology: The study adopts a qualitative analytical approach, grounded in literature, doctrine, and case law review. It examines legislative changes, the practical effects of replacing in-person medical examinations with documental assessments, and the absence of adversarial procedures within the INSS administrative process.

Results: The findings indicate that the current model of administrative medical expertise, when detached from direct examination and the right to adversarial participation, undermines social protection and violates the principles of human dignity and due process of law.

Conclusions: The study concludes that medical expertise must be reframed as a humanized and technical instrument to ensure justice, dignity, and the effective realization of constitutional social security rights.