Uma análise sobre a (in) constitucionalidade da penalidade disciplinar de cassação de aposentadoria de servidor público federal.

Abstract

The present work intends to analyze the constitutionality of the federal civil servant's retirement sentence, based on the changes introduced by Constitutional Amendments no. 03/93, nº 20/98 and nº 41/03, which instituted the contributory nature of the private pension scheme social. Such an approach is extremely relevant because of the numerous controversies in the doctrine between magistrates and even Courts. Therefore, a study of this nature is necessary as a way of rethinking solutions to this problem. To do so, it uses the deductive method as a method of approach, evolutionary history as a procedure method, and bibliographical and jurisprudential research as research techniques. And it starts from the following problematic: can this penalty be applied in the current legal system, considering the constitutional changes that have introduced the contributory character in the social security of federal civil servants? In this scenario, advocates are growing daily that it is not possible to apply the sentence because it hurts, for example, acquired law, legal certainty and human dignity. However, when analyzing the opinion of the doctrine and the main decisions of the Superior Courts in relation to the subject it was possible to identify that there are elements that base the constitutionality of the sentence of retirement, mainly from the perspective of the supremacy of the public interest over the private one. However, it is necessary to ensure that the punished server can use its contribution time in the General Social Security System or that the resources collected are returned to the servers.