STANDARDS PROBATÓRIOS NO DIREITO PREVIDENCIÁRIO.

This paper aims to sketch a model of evidence evaluation appropriate to the tenets of the cases involving the claims for social security benefits, considering the standards of proof doctrine. It exposes that standards of proof are concepts that aims to measure the decree of sureness wich must be required by the judge to consider a hypothesis proven. Depending the principles that guides the substantive law discussed, the consequences of judicial error and the difficulties involving the proof of the facts, the judge must increase or decrease the burden of proof destined to one of the parties – such dynamics justifies the idea that the criminal conviction needs a much more robust cluster of evidence than that required to obtain reparation of civil damages. Thereby, it outlines the existence of four standards of proof to shape the judicial conviction, wich are: (i) the “proof beyond a reasonable doubt”; (ii) the “clear and convincing evidence”; (iii) the “preponderance of proof”; and (iv) the “reduction of the proof module”. Moreover, it presentes the main atributes of Social Security Law, to verify wich standard of proof are more compatible to their intentions and necessities. Considering that Social Security Law is guided by the principle of “in dubio pro misero” and the difficulties involving the proof of the constitutive facts of insurance’s right, the judge needs to adopt standard that reduce the requirements of proof in favor to the plaintiff. Therefore, it concludes that the judgement of Social Security suits must be guided by the “reduction of the proof module” standard. [ABSTRACT FROM AUTHOR]