THE (IN)HUMANITY OF THE MEDICAL EXAMINATION PROCEDUR IN DISABILITY BENEFITS: IMMUNITY LOGIC THAT REQUIRES FRATERNAL REFLEXIVITY

Abstract

The object of the research is the medical examination carried out by social security for the granting of disability benefits. The problem is the complexity of the procedure, which includes bureaucracy and analyses that demand time, resources, and result in disagreements, with great judicialization. How to promote an ecological reasoning in the protection of social rights of health and social security, to reduce the procedural iter to the benefit and reduce social vulnerability as well as conflicts? The hypothesis is that the health and social security subsystems can establish reliable systemic and fraternal communication to speed up the process of granting benefits due to work disability. The general objective of the research is to introduce Elígio Resta's metatheory of Fraternal Law as a procedural assumption for the analysis of the problem. As specific objectives (i) contextualize the current functioning of the social security system, especially the medical examination for obtaining disability benefits; (ii) demonstrate that the technique of bureaucracy and strict legality in the name of legal certainty causes inhuman treatment and judicialization; and (iii) present the metatheory of Fraternal Law as able to guide systemic ecological reasoning as a procedural assumption, softening the friend/enemy dichotomy. The research methodology contains a hypothetical-deductive epistemological process, as a method, quantitative and qualitative analysis and, as research techniques, systematic review of the literature and exploratory indirect data collection. The theoretical framework that permeates the entire development belongs to Niklas Luhmann's Theory of the Social System and to the contemporary Metatheory of Fraternal Law by Elígio Resta. As findings, it was found that there is a communicative mismatch between the subsystems of social security, health and social security, reflecting on the organizational culture of the friend-enemy relationship with the citizen, greatly impacting on the trust that results in inhumane treatment.