Limbo jurídico trabalhista previdenciário

Abstract

The labor social security legal limbo is the state of uncertainty in which it is the employee who, after being away for receipt of sickness benefit, receives a medical discharge and, when evaluated in medical examination within the company, is considered unfit, being prevented from resuming its activities. While the debate lingers about fitness or employee's disability, he does not receive payment or sickness benefit, being in utter helplessness, bereft of income for their livelihood or their dependents. The State, through Social Security, has the responsibility to support the sick. On the other hand, the company also has a social function in detriment of the profitmaking. Both must protect the dignity of the human person. To solve this impasse are suggested some solutions, such as the payment of wages to the employee through paid removal until that discussion be concluded; the meeting of stakeholders in a single action in the labor judicial sphere; or even early production proof to confirming the actual employee health condition. A qualitative analysis was performed through inductive method, based on doctrine, jurisprudence