Desaposentação: possibilidade jurídica do instituto.

Abstract

The act provides that the legal retirement is also administrative decree, though, stems from expressions issued by the state, acknowledges that in case the subjective right of the petitioner to retirement, provided they met the requirements under relevant legislation. Law 8.213/91 binding on the administrative and judicial procedures, which has the scope to grant any benefits thus establishing the requirements to be followed to both. After the legal process, the applicant will incorporate its legal heritage that right, which is effect logical, the perception of their monthly income. The possibility of waiving the monthly income of benefit is the crux of the discussion on the office of not retirement. This waiver is operating with the purpose of obtaining benefit more advantageous, because of contributions later, in the same, or another provident scheme, which is providing numerous lawsuits, with the aim of doing acknowledge that possibility. The not retirement emerged as the doctrinaire, and is being developed by case law homeland through various decisions. Therefore, the intent of this research will demonstrate, through some things, the full legal possibility of not retirement, and the obvious illegality of afflicting the administrative denials. Also, will be shown the possibility of reversion of the act which granted the legal retirement, the logical assumptions, and compensation arrangements between, before the need to restore, or not, the amounts received under the scheme under which operates the abdication, as the same time grant of certificate of contribution for which it is recorded in another scheme. Hence it is appropriate to choose the theme, because the institute ratifies the ideas of justice and social well-being advocated by the Constitution. For the solution of the issues raised will be used the methods library, the historical evolution and interpretative-law. Thus, there will be the analysis, the real possibility of the institute, geared to refund the values previously perceived as a monthly income of the benefit, restricting itself to the absolutely necessary for maintaining the financial stability of pension systems involved, under penalty of compromise the spectrum of coverage the provident.