Questão jurídica principal
Whether the refusal of file inspection in the objection proceedings breached the right to be heard and required remittal.
Decisão extraída
The insured person had a sufficient request for full access to the administrative files; the refusal violated the right to be heard and could not be cured on final appeal, so the decisions had to be annulled and the matter remitted.
Fundamentação extraída
The right to be heard includes access to the file. In the objection stage, a properly requested inspection must generally be granted. Here no prior inspection had been possible, and the Federal Supreme Court lacked full review of facts, so cure was excluded.