Promise of Palmeiras, Marques saw his career after a car accident in 1994

According to the lawyer Carla BenedettiSpecialist in social security law, the National Institute of Social Security (IS) requires two basic points to grant the permanent pension invalidity: medical relationship that demonstrates the definitive impossibility of work and the minimum number of contributions (grace). However, in case of accidents, like brands, the lack is rejected. “The fact that being an athlete does not complicate or facilitates the process, but makes the analysis objective. Without the coordination and memory, there is no way to continue in the profession,” he explains.

The role of skills

According to the lawyer, in medical competence, the key is to demonstrate the inability of any function, not only that of origin. In the case of former athletes, insums if it is possible to re -read another type of work. However, in situations of serious neurological sequences, such as head injury with motor and cognitive impairment, total disability is generally recognized. It also clarifies that medical skills are sovereign, but expert relationships such as orthopedists, neurologists and psychiatrists often strengthen the decision.

Stability of the benefits

The lawyer underlines that invalid permanent retirement can be considered definitive when the expert detects that there is no possibility of recovery, even with treatment or rehabilitation. The expert recalls that in the event of a head trauma with irreversible sequences, as happened with the brands, there is a tendency to stability for the benefit. “The IS can review the case every two years, but in practice, when the condition is demonstrated irreversible, the benefit becomes stable. Judgedly, the insured can obtain a sentence that recognizes irreversibility, protecting it from unnecessary future reviews,” he says.

Message to the ordinary citizen

From a legal point of view, Benedetti comments that the sudden transition from athlete to retirement disability exists the importance of the social security protection network. Already in the psychological aspect, there is a professional mourning, because the sportsman loses not only the source of income, but also his social identity.

According to the lawyer, the social security law, although guaranteeing subsistence, does not resolve this impact alone, but transmits an essential message that any worker, whether he is an athlete, driver or worker, is subject to unpredictable risks and the system exists precisely to support the times of greater fragility. “In the case of the Marques, the advantage was not only a right, but an instrument of dignity and social recognition that was not defenseless after losing his career,” he concludes.

Specialist

The lawyer and partner of Benedetti Advogados Assocredos, Carla Benedetti, is a journalist graduated from the State University of Londrina (UEL), a lawyer graduated from the Pontifical Catholic University of Paraná (Puc-Pr), a master’s degree in social security right and PhD in the constitutional law of PUC-SP. In addition, she is a teacher and coordinator of courses and graduate, a member of the Academy of Sciences, Letters and Arts of Londrine. In effective performance in journalism, since 2008, it has published articles in large vehicles, such as CNN, TV Globo and Estodão. Carla is also the author of various social security works, national and international scientific articles published in other books and scientific magazines in the area.

Source: Terra

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