Topics 531, 692, 979 and 1,009 of the Superior Court of Justice analysis of the problem of returning amounts unduly received

Abstract

This study aims to discuss the theses established during the judgment of topics 531, 692, 979 and 1,009, all decided by the Superior Court of Justice (STJ), as well as to analyze the application of the guiding parameters of each understanding, since in the Brazilian social security system, which deals with the General Social Security Regime and the Specific or Peculiar Social Security Regimes, administrative errors may occur, either due to erroneous application or misapplication of the law, or due to material error, giving rise to lawsuits in which the need or not to return amounts that were unduly received by the insured is discussed. It may also occur that by virtue of a provisional relief of an anticipated nature granted, insured persons start to receive benefits that, at the end of the litigation, are deemed inadmissible, giving rise, in the same way, to controversy about their lawful or unlawful return. Based on what was established in each of the four repetitive cases, the defined parameters will be analyzed, that is, the established theses and, above all, the ratio decidendi. The decisions were analyzed using the critical-narrative review technique, summarizing the determining foundations of the paradigm decisions and establishing dialogical criticism between them and with the doctrine and with the authors of the present work.