Questão jurídica principal
Whether the AI claim was filed late but still allowed retroactively under Art. 48(2) LAI from 1 July 2000.
Decisão extraída
The insured could objectively recognize the health impairment and its effect on earning capacity by 2002 at the latest; the late filing was based on subjective ignorance, not an objective inability to know the decisive facts.
Fundamentação extraída
Art. 48(2) second sentence LAI applies only when the decisive facts were not objectively recognizable or when force majeure prevented action. The record showed recurring anxiety and educational failures making the impairment recognizable well before 2005.