Abstract

An aging population presents significant fiscal sustainability challenges in the medium and long term. It is alleged that the group of retirees puts significant pressure on public spending, impacting government coffers with pensions. For this reason, the benefits highlighted, with an emphasis on special pensions, are generating new interests and debates about their legitimate access. It is worth noting that the Social Security Statistical Bulletin (BEPS), in 2023, 363.7 thousand benefits were granted, however, in the same year, 264.8 thousand benefits were denied, alleging a lack of transparency in the right to information. Thus, this study aims to analyze, in light of the LGPD and EC 103/19, the effectiveness of the transparency of special retirement through the “MEU INSS” application. This research raises questions about access to the National Institute of Social Security (INSS), noting the need to verify the lack of transparency in accessing the resource. Based on the recent audit by the Federal Court of Auditors (TCU), pointing out difficulties of the INSS in the process of analyzing social security appeals, there may be a violation of the Principle of Publicity, which is legally supported by Art. 37, Caput of the CF/88. Thus, the existence of a Bill (PL) dealing with the employer's obligation to inform whether the employee's work is unhealthy or dangerous to Social Security-INSS, in addition to producing transparent information on the indicators of special activities, would be a possible solution for complying with the principle of publicity, guided by the LGPD and by EC 103/19.

Keywords

• Keywords: Social Security Law; MY INSS; LGPD; Principle of Publicity.

License

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