nº 95.01.11473-2 de Tribunal Regional Federal da 1a Região, Primeira Turma Suplementar, 28 de Junio de 2001
Data | 28 Junho 2001 |
Número do processo | 95.01.11473-2 |
Assunto: Benefício Previdenciário
Autuado em: 9/5/1995
Processo Originário: 6849-4/mg
APELAÇÃO CÍVEL 95.01.11473-2/MG Processo na Origem: 68494
RELATOR: JUIZ JOSÉ HENRIQUE GUARACY REBÊLO (CONV.)
APELANTE: JOSÉ DOS REIS OLIVEIRA
ADVOGADO: NOÉ MENDES E OUTRO(A)
APELADO: INSTITUTO NACIONAL DO SEGURO SOCIAL - INSS
PROCURADOR: DÊNIS PROVENZANI DE ALMEIDA
ACÓRDÃO
Decide a 1ª Turma Suplementar do TRF - 1ª Região, à unanimidade, negar provimento à apelação, nos termos do voto do Juiz Relator.
Brasília (DF), 28/06/2001
Juiz JOSÉ HENRIQUE GUARACY REBÊLO Relator
APELAÇÃO CÍVEL 95.01.11473-2/MG Processo na Origem: 68494
RELATÓRIO
O EXMO. SR. JUIZ JOSÉ HENRIQUE GUARACY REBÊLO: Cuida-se de ação ordinária movida contra o INSS objetivando a condenação do réu à concessão de aposentadoria especial, argumentando o autor exercer atividades perigosas por mais de 20 anos.
A sentença apelada julgou extinto o processo, sem exame do mérito, ante o argumento de que a ausência da profissão do autor (vigilante) do rol daquelas tidas como perigosas conduz à impossibilidade jurídica do pedido.
A apelação visa a reforma da decisão e a concessão do benefício reclamado na peça de ingresso.
O parecer do Ministério Público Federal é pelo desprovimento do recurso.
Contra-razões às fls. 31/32.
É o relatório.
APELAÇÃO CÍVEL 95.01.11473-2/MG Processo na Origem: 68494
VOTO
O EXMO. SR. JUIZ...
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