THE APPLICATION OF THE THEORY OF UNCONSTITUTIONAL STATE OF AFFAIRS IN THE PERFORMANCE OF THE INSS AN ANALYSIS BASED ON THE COLOMBIAN EXPERIENCE IN CASE T-068 OF 1998

Abstract

The present article investigates the feasibility and relevance of applying the theory of Structural Constitutional Interventions (ECI) by the Brazilian Supreme Federal Court (STF) to address fundamental rights violations, considering the increasing judicialization of benefits and the inefficiency of the National Social Security Institute (INSS), based on the T-068/1998 decision of the Colombian Constitutional Court. The methodology used is deductive, combined with exploratory research, including bibliographic and jurisprudential analysis. The first part of the development identifies social security and social assistance as fundamental rights, in addition to examining the systemic problems in the performance of the INSS. The second part discusses the characteristics of structural processes and the emergence of the ECI. Finally, the third part explores the T-068/1998 case, comparing it to the crisis experienced in Brazil. It concludes by proposing the declaration of the ECI by the STF, which should act committed to structural changes in order to align INSS actions with fundamental rights, promoting a more agile and efficient system.