The Chamber of Deputies approved this Tuesday (15) a bill that regulates the payment of judicial experts by the Federal Executive in cases against the National Social Security Institute (INSS). Coming from the Senate, the text returns for analysis by the senators.
By the proposal, there will be no more coverage of the expertise for those who are not considered financially under-sufficient, including in actions asking for assistance benefits to the person with a disability or social security benefits for work incapacity.
However, when the person does not have the money to pay for the expertise and loses the case, payment should only be suspended, as provided for in the Civil Procedure Code. According to the code, all expenses with the loss of the case (sucumbence) will have their collection suspended, and the creditor will have five years to demonstrate that the person is now able to pay the costs. After this period, the obligations will be extinguished.
For deputy Eduardo Bismarck (PDT-CE), the measure guarantees the continued receipt of expert fees. Payments have been suspended since September 2021.
“This project initially provided for just another short period to receive the fees, but the changes that were made guarantee the permanence of receiving fees, that is, we are voting here, in this House, a legacy, a legacy for the Federal Justice, a legacy for medical experts, but much more than these for those who need access to their retirement or benefit”, said Bismarck.
For deputy Erika Kokay (PT-DF), however, the substitute will make it difficult for workers who have suffered an accident at work or seek to receive sickness or disability benefits to have access to justice.
“[O texto] takes away the right, or limits the right of access to justice. And access to justice is a precept and a constitutional right. It is to ensure the right to have the right”, said the deputy. “The worker without conditions to exercise his work activity will have difficulty in going to court if this right is denied by the INSS”.
The leader of the government, deputy Ricardo Barros (PP-PR), stated that the changes to the substitute are already part of an agreement with the Senate. He noted that it will still be necessary to approve a bill by the National Congress (PLN) to allocate resources in the INSS to pay for this year’s and last year’s expertise.
*With information from the Chamber Agency
