The initiation of material evidence as part of the cause of action for the purposes of defining res judicata in the social security dispute

Abstract

The initiation of material proof is one of the most important requirements when it comes to the analysis of the right to receive benefits of a rural nature, or even the granting of pension for death or incarceration aid, in situations of dependence by legal relationship of stable union. This requirement, if not met, causes the very rejection of the merits of the insured's application. The present work seeks to relate this characteristic of the beginning of material evidence with its position in the analysis of res judicata, in order to present its characterization as an element of the cause of action, because it is properly a concessionary requirement of the benefit. Thus, its variation in the comparison between the two demands, for the assessment of the occurrence or not of res judicata, causes the distinction between causes of action and, consequently, the non-identity between the actions. Therefore, this analysis is presented from the distinct nature of the social security process and the way in which the beginning of material evidence is adduced by the legislation in the analysis and granting of benefits.