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Brazil: Executive and Judiciary Sign Commitments to Reduce Social Security Judicial Disputes and Use Data Sharing to Streamline Administrative and Judicial Processes

(Sept. 12, 2019) On August 20, 2019, representatives of Brazil’s executive and judicial branches signed commitments to promote joint action to reduce the number of disputes over social security rights that reach the courts and to use data sharing to streamline administrative and judicial processes.
Signing the documents were the president of the Brazilian Federal Supreme Court and the National Council of Justice (Conselho Nacional de Justiça, CNJ), which is the judicial agency responsible for the administrative and financial control of the judiciary and the supervision of judges; the president of the National Institute of Social Security (Instituto Nacional do Seguro Social, INSS); the attorney-general of the Union (Advocacia-Geral da União), who represents the federal government in judicial and extrajudicial procedures; the federal general public defender (Defensoria Pública Federal); and the minister of Economy.
The first initiative signed was the National Integrated Strategy for the Reduction of Judicial Disputes over Social Security Benefits (Estratégia Nacional Integrada para Desjudicialização da Previdência Social), whose purpose is to cut down on the number of social security benefits disputes that end up in federal court and consume much of the budget of the Previdência Social , the country’s social security fund.
According to the press release published by the Federal Supreme Court, the INSS is involved in 48% of new lawsuits filed in federal courts, amounting to 7,000 new suits against the INSS daily, most of which are brought by citizens who have been denied social security benefits. Such cases represent 10% of the 80 million cases being processed by federal and state judicial units.
Both INSS president Renato Rodrigues Viera and AGU head André Mendonça pledged to “abandon proceedings that perpetuate litigation” regarding social security disputes and “to stop fighting unnecessarily with citizens and make the [benefit-]granting process effective,” because often the public interest lies more in “serving the citizen” rather than “defending the treasury.” Superior Court of Justice president João Otávio de Noronha stated that it was time to end the excessive and irresponsible litigation caused by a “law industry” that forced the state to “bear the unnecessary costs of adventurous suits,” while Federal General Public Defender Gabriel Faria Oliveira cited the need for the Public Defenders’ Office to be accountable to the suits of those generally poor citizens who are actually entitled to benefits while “build[ing] efficiency that respects both parties.”
The other document signed was the Technical Cooperation Agreement (Acordo de Cooperação Técnica), which is designed to promote the transfer of data and sharing of databases maintained by the CNJ, Ministry of Economy, and INSS to expedite administrative and judicial processes, thereby better serving the population and reducing costs.

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