Desaposentação: a aposentadoria do trabalhador aposentado.

Abstract

The retirement has always been a dream of many, it was synonymous with senility calm and happy. It occurs reiterated that the pension reforms are hindering the access and reducing the values of benefits. Usually the value of retirement is no longer sufficient to maintain itself and the family retired and is being coerced to return to the labour market to supplement the income from the proceeds. A worker who returns or remains in active insured is mandatory for new activities, including being subject to contributions (Article 12, paragraph 4 of Law No. 8212/1991). It prohibited the addition of more than a retirement scheme for the same Welfare (Article 40, paragraph 6 of CF/88 and article 124, II of Law No. 8.213/1991). Although the employee returns to active retiree who is subject to contributions (deducted at source) will do justice to any provision Welfare, except to pay and maternity and vocational rehabilitation, when employee (Article 18, paragraph 2 of Law No. 8.213/1991). So the second time a contribution is useless and collection of contribution from the employee has retired, it is unfair. The Office of not retirement search correct this injustice, discard the act of retirement from grant to add the new contribution of time and to get more satisfactory retirement financially. Now the aim of this work will demonstrate the extent of not retirement, their requirements and so on. Are the methods used library, the historical evolution and exegesis-law. Soon, there will be issues of actuarial and financial systems, and can not miss that the person in not retirement return only the values needed to maintain the financial and actuarial balance. Remaining proven the full viability of the Office of legal not retirement before the planning homeland as an instrument capable of correcting the injustice of charging contribution of the worker retired and effective social justice, although no there legal regulations in order homeland.