Social security administrative process - moral damages due to obstruction caused by the administrative process - deductions from social security benefits resulting from a lack of respect for due process and the right to a full defense - offense against human dignity.

Abstract

This article discusses the moral damage resulting from the ordinary conduct setting the INSS to perform summaries discounts on social security benefits perceived by their beneficiaries, plus the consequent right of these to the corresponding financial compensation. In our approach, built step by step towards the outcome for us championed, included the brief analysis of individual freedom, the current understanding of the due process of law principle and its relationship with the freedom of the individual, the dual role of benefits social security in general, INSS the conduct intended to violate individual liberty, mainly, the summary imposition of discounts on social security benefits and, finally, the setting for us the act of payment of compensation compensable moral damages in such cases.