Aposentadoria híbrida: uma análise acerca das incoerências na aplicabilidade prática.

Abstract

The main objective of this study is to analyze the inconsistencies in the practical applicability of the new modality of hybrid retirement, which was inserted in the General Social Security System by Law No. 11,718 of 2008. For the development of the research, the method of hypothetical-deductive approach, as method of procedure the comparative and as research technique, bibliographical and documentary. The research begins with a brief history of the emergence of Social Security, showing the advances that the modalities of pensions have been achieving, detailing rural and urban pensions and their peculiarities, as well as entering the hybrid retirement study, identifying the legislative advance, the difficulties of practical applicability about administrative and judicial understandings in the face of the last activity performed as an obstacle to access, showing the difficulty faced by the insured in seeking this benefit, faced with divergent understandings about indemnities and difficulties of the burden of proof of rural time. At the end, it was identified the need for a better regulation of this kind of benefit, so that the insured person who has the mixed rural and urban time can have access regardless of the last activity performed, as well as the need for administrative update on the offer scheduling of said benefit and easing of the burden of proof. The non-application of art.55, VI, §2 was also evidenced, since it is applicable to the type of retirement by time of contribution and not the hybrid. Thus, from the present research, it is necessary to better apply the kind of hybrid retirement benefit in order to guarantee the equality between urban and rural workers, promoting effective justice.