O instituto da desaposentação.

Abstract

Social Security is a segment of Social Security, under Article 201 of the Constitution of 1988. Given this premise, this research examines the possibilities and limits the application of the constitutional institute of desaposentacao. Thus, the issue of this work is revealed in the question of whether and how desaposentacao can be applied in the Brazilian social security system, consisting of the mandatory social security schemes. The aim is to explain the main theoretical constructs on the topic under review and study the problem from the perspective of the Brazilian constitutional law. Hence, the justification of this research is embodied in the paucity of such discussion in Brazilian law and the need for a formula for reconciling the right to safeguard their assets and the availability of the ruling normative force. To this aim, we adopt the deductive method and technique as a literature search and case law. Regarding the Brazilian doctrine, the majority, there is a defense of the concept that directly affect the fundamental rights in private relations. In turn, one can extract from the jurisprudence of the accession to the thesis advocated by the main guidelines of the Institute of desaposentacao, arguing his chance in the Brazilian social security system. However, we highlight some aspects that should be considered in the application of the institute, establishing some rational and objective parameters. Moreover, it appears that the doctrinal clash on the issue of how to be effective desaposentacao leads to completion of actuarial and financial viability of it, observing guarantees provided for in the constitution of 1988 which provide, in addition to its legal possibility, the its inclusion as economic rights of the beneficiary.