President Jair Bolsonaro (PL) sanctioned Law 14.331/22, which was published in the Official Gazette of the Union on May 5th. As a result, there will be changes in INSS (National Social Security Institute) expertise, especially in assistance and social security benefits due to disability. Check below what will change from now on.
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According to Agência Câmara de Notícias, the new law comes from Bill 4491/21, which was approved in March by the Chamber and is authored by Senator Sérgio Petecão (PSD-AC). Pursuant to Law 14,331, plaintiffs must anticipate the costs of the expertise if they have the resources to do so.
If the cause is related to accidents at work, under the jurisdiction of the state court, the INSS will have to anticipate the amounts. However, in other actions (under the jurisdiction of the Federal Court), the amount must be passed on to the Council of Justice Federal, which will later distribute the resources to the regional courts in order to pay the experts.
Expertise carried out between September 20, 2021 and the date of publication of the Law must follow the new rules. In addition, all payments will be linked to the physical and financial authorization in the Annual Budget Law (LOA).
Another aspect that has changed is that there will no longer be coverage for those who are not considered hyposufficient financially, even in actions with requests for assistance benefits for people with disabilities or benefits for work incapacity.
On the other hand, if the person does not have money to pay for the expertise and loses the case, the payment will be suspended, as provided for in the Code of Civil Procedure. According to the Code, the creditor will have five years to show that the person who lost the case is now able to pay the costs. After this period, the obligations will be extinguished.
In addition to what is currently required in the Code of Civil Procedure, the new Law establishes that the petition must contain proof of rejection of the respective benefit by the administration, or, as the case may be, of its non-extension, proof of the occurrence of the accident and medical documentation about the disease alleged.
