O valor probatório dos indicativos de irregularidades no crime de fraude previdenciário com participação do servidor público

Abstract

The present work aims to analyze the indications of irregularities in social security frauds with the participation of the civil servant, in order to identify if its use at the time of the probationary phase in the criminal action has the necessary convincing power for a condemnatory sentence for the civil servant, there is given its administrative nature and the presumption of veracity held by public servants. It examines social security crimes in the light of the Penal Code, the possibility of envisioning the activities of criminal associations and organizations and the importance of public servants for the implementation of major frauds. As well as the importance of elaborating evidence that is different from the common one in the role of the police in investigations of criminal organizations. The present work presents a methodology, of an exploratory nature, destined to analyze the functioning of the INSS and its measures for social security fraud. With regard to the analysis of concrete cases, this work uses a deductive method, since from a general premise it is possible to reach the resolution of the problem presented in a particular way. Finally, using qualitative research for doctrinal research in the field of criminal law, criminal procedure, social security and administrative, allowing a journey through various branches of law.