The Supreme Federal Court rejected an action that contested the performance of medical expertises of the National Institute of Social Security (INSS) through telemedicine or documentary analysis, without the requirement of an in-person examination. The decision by the Court's plenary session was made by majority vote during the judgment of the Direct Action of Unconstitutionality (ADI) 7949, in a virtual session ended on September 4.
The action was presented by the National Association of Federal Medical Experts (ANMP), which questioned provisions of the Social Security Benefits Law (Law 8.213/1991). This law was amended with provisions added by Laws 14.724/2023 and 15.265/2025, which allow the analysis of the INSS insured's medical documentation remotely, through the Atestmed system.
According to ANMP, the legislative changes transformed the medical expert's analysis into simple verification of documents produced by the insured party who is claiming the benefit, which would constitute irregularity in the process of granting social security benefits.
