ID: 61127
Authors:
Luis Felipe Dias Lopes, Renata Ferrari, Marcela Giuliani Denardin, Adriane Fabricio, Raquel Boff Menegazzi.
Source:
Desenvolvimento em Questão, v. 18, n. 53, p. 408-426, October-December, 2020. 19 page(s).
Keyword:
Binding Summary 33 , Civil Servant , Constitutional Amendment 103/2019 , Social Welfare Regime , Special Retirement
Document type: Article (Portuguese)
Show Abstract
Social security is a fundamental right guaranteed by the Federal Constitution, so that there is a special statutory retirement provision for policyholders who work in conditions that harm health and physical integrity. In view of the government’s legislative law issuing a complementary law that regulates special retirement, public servants covered by public regimes accept admission to the Supreme Federal Court in order to guarantee the right to enjoy special retirement. In this sense, the objective of this study was to analyze the current panorama of special retirement within the scope of single schemes. A bibliographic study was carried out, using a deductive and exploratory method, through qualitative and documentary research, which analyzed books, articles, legislation and standards. It was identified that the special retirement was resolved through the Judiciary Power, but not through the Legislative and Executive Power, which would be the correct path. The Binding Summary nº 33 urgently remedied legislative delays, gave civil servants the right to retirement and guaranteed equal rights to policyholders, but did not consider the financial and actuarial issues of their own schemes, together with the principle of consideration. In turn, EC 103/2019 made significant changes to §4ºC of article 40 of CF/88, however, once again, it envisaged the edition of a complementary norm, making it a legislation of limited effectiveness, through which it is not possible determine how the right to special retirement will be implemented and, therefore, what is expected is more judicial demands.
