A aposentadoria especial no pós-emenda constitucional n° 103/2019

Abstract

This paper reviews the special retirement dispositive after the approval of Constitutional Amendment No. 103/2019, notably from a focus on its concessionary requirements and the consequences of these changes. This reformist circumstance was used to raise the hypothesis that such a modification will possibly have negative effects both on the physical integrity of the insured persons who carry out their professional activities in harmful environments, as well as on the entire social security system. This situation is justified by the present of the topic in question and it will, inevitably, generate significant doctrinal and jurisprudential clashes over the constitutionality of the changes brought. Therefore, regarding the methodology used, the hypothetical-deductive method was adopted. The objective of the present research was the structuring and mapping of the bibliography related to the problem in question, through doctrinal analysis, seeking to explain, in a critical and reflective way, the position adopted by the various authors who contribute on issues involving social security law, with the main focus in special retirement. In this way, an eminently qualitative perspective was used. In relation to the first chapter of the work, the benefit under study was introduced, detailing its legal nature, its possible beneficiaries and its historical circumstances that culminated in the current change. In the second chapter, the main aspects that gave rise to the differentiated benefit, its complex evidential structure and its practical consequences were discussed. In the third chapter, an attempt was made to detail the main changes arising from the Social Security Reform and its impacts from a multidisciplinary perspective. It was concluded that there is a predominant incompatibility between the concessionary changes brought by Constitutional Amendment No. 103/2019 with the very preventive character of special retirement, which represents a situation of evident unconstitutionality and that, if not modified, will lead to undesired consequences for the whole social security scenario.