Commentary on Judgment No. 10957 of 2024: Taxation of Litigation Costs in Social Security Disputes

Judgment No. 10957 of April 23, 2024, issued by the Court of Cassation, addresses a crucial issue in the context of social security disputes: the taxation of litigation costs. Specifically, the Court rules on the limit of the value of the claim brought before the court, referencing Article 152 of the implementing provisions of the Code of Civil Procedure. This judgment offers interesting insights for understanding procedural dynamics and their practical application.

The Fundamental Principles of the Judgment

The Court establishes that the limit of the value of the claim, according to Art. 152 of the implementing provisions of the Code of Civil Procedure, has a general and all-encompassing scope. This principle is fundamental to understanding that, even in the presence of a declaration of indeterminate value of the case, the limit cannot be exceeded. The Court clarifies that this indeterminability should not be confused with the possibility of quantifying the claim in monetary terms.

Taxation of litigation costs - Art. 152 of the implementing provisions of the Code of Civil Procedure - Limit of the value of the claim - General and all-encompassing scope - Existence - Declaration of indeterminate value of the case - Assessments logically preceding the assessment of the claim - Irrelevance - Basis. In the matter of taxation of litigation costs in proceedings for social security or welfare benefits, the limit of the value of the claim brought before the court, established by Art. 152 of the implementing provisions of the Code of Civil Procedure, has a general and all-encompassing scope and cannot be exceeded by a declaration of indeterminate value of the case (due to the essential preliminary assessment of the health requirement), both because such a declaration is always subject to review, and because indeterminability presupposes the objective impossibility of translating the claim into monetary terms (a situation not found if a reliable quantification is possible), and because the recognition of the right to a social security benefit always has, as an indispensable logical antecedent, the assessment of its constituent elements.

Practical Implications of the Judgment

This judgment has significant practical implications for legal professionals. Indeed, it clarifies that the assessment of health requirements is essential and must precede any economic evaluation of the benefit. Below are some key points:

• The value limit established by Art. 152 is of a general nature and applies to all social security benefits.
• A declaration of indeterminate value does not exempt from compliance with the criteria for taxing costs.
• A logical assessment of the requirements is necessary to proceed with the taxation of costs.

Conclusions

Judgment No. 10957 of 2024 represents an important step forward in regulatory clarity regarding the taxation of litigation costs in social security disputes. It emphasizes the importance of a rigorous approach in assessing the conditions necessary for the recognition of benefits. This decision not only harmonizes the regulatory framework but also provides a useful reference for lawyers and professionals operating in the social security sector, promoting a more transparent and equitable management of legal expenses.