Possibility of collecting amounts received in a social security benefit granted by injunctive relief revoked in appeal and the adequacy of the collection procedure in the records themselves to the Brazilian legal system

This study addresses social security benefits and their food nature limited to constitutional protection as a social right and their protection as essential to guarantee the survival of the insured and the importance of not being repeatable. Therefore, it seeks to analyze the current legislation, the main jurisprudence and the procedures adopted, in order to verify if there is adequacy to the national legal system. The importance of the topic is justified by the essentiality of food funds for social security benefits. The hypothesis of this work is to prove the impossibility of returning amounts received from the social security benefit by the seat of injunctive relief later revoked, and also the inadequacy of the use of the collection of amounts in the records themselves. The theoretical framework used was specialized doctrine in social security and civil procedural law, court jurisprudence, articles on the subject, and Brazilian legislation (in force and historical). The methodology used was documentary research along the lines of the inductive method. With the work it could be concluded that it is of paramount importance that the values ​​cannot be repeated, as they do not constitute illicit enrichment, since they are directed to the maintenance of the existential minimum and food of the plaintiffs. And also, because they derive from a judicial decision, most of them after exhausting cognition, the state cannot create embarrassment to the jurisdictions, but rather bring legal certainty, support rights, and also guarantee their enjoyment, in a clear, safe way. Always respecting the hierarchies present within the national legal system.