Proteção mitigada: um estudo acerca dos novos paradigmas trazidos pela Lei 13.846/19 aplicáveis à aposentadoria rural e ao direito sindical.

Abstract

The present work develops an analysis about the recent changes brought by Law 13,846/19, called Lei do Pente Fino, especially in relation to the special insured, namely the rural worker. Hit suddenly, rural workers currently face the main legislative change since the promulgation of the Constitution of the Federative Republic of Brazil of 1988 (CFRB/88), harming some rights earned through historical claims. This legal provision, among several amendments, modifies the form of proof of the condition of rural worker for the guarantee of retirement, which was previously carried out by declaration of rural unions, in addition to delegitimizing the assistance of rural unions when implementing a self-declaration procedure and, subsequent national registration essentially electronic, complex and objective. It turns out that, because it is procedures far from the reality of man in the field, numerous difficulties hinder the understanding of how to obtain the achievement of its social security benefits, enabling a greater demand in the number of denied processes and, consequently, a subtraction of social guarantees made available by social security. Moreover, a certain legislative standard compromises the continuity of trade unions is questioned, since these institutions depend on the contact and financial contribution of rural workers. In view of this problem, this study aims to discuss the impacts of Law 13,846/19 on the daily life of the rural worker, discussing the future of his retirement and analyzing the socio-legal consequences for trade unions and the right of representation. The study intended in this work has a qualitative and descriptive character, based on analysis the advent of Law 13,846/19. The method adopted is the deductive, since it seeks to prove the hypothesis that legislative changes will be malest for the rural worker. Its feasibility is supported through the indirect documentation technique, such as bibliographic and documentary research. The work comprises three chapters, of which the first analyzes the historical and principleological aspects of trade union law and its new paradigm against Law 13,467/17. The second chapter deals with the concept of special policyholder, its legal basis, its hypossufiscience and the consequences of retirement in its daily lives. Finally, the third chapter is the subject of the situations modified by Law 13,846/19 related to the insured, making a comparison with previous laws, their socioeconomic effects and the reasons that lead to the belief of its unconstitutionality. This, assuming that social security and the right to unionization are constitutional guarantees, it was concluded that the changes brought by the new regiment constitute, directly and indirectly, in violation of access to social security and subject rural unions to a reckless future.