A relevância do grau de deficiência sob a égide do princípio da isonomia para concessão da aposentadoria especial por idade.

Abstract

This study brings a question about the special retirement age directed to physical, mental, intellectual or sensory disabled. To get to that benefit, this work presents a brief summary of considerations on Social Security and its relationship with the disabled at its three branches - Health, Social Welfare and Social Security. There is in this paper the history of Social Security and an explanation of its most representative principles. By immersing in a little Social Security, we focused on granting of special retirement age, central theme of this work, set up at the Complementary Law No. 142/13, and special retirement contribution, also created from that law and basic legal provision for questioning in focus. Thus, this study was developed in a deductive approach, through literature searches of doctrine, scientific articles, case law, internet sites and legal rules hermeneutics, based on this broad approach to Social Security and constitutional principles and specific to the particular analysis of the special retirement of the insured person with a disability and the use of criteria of differentiation between degrees of disability in the special retirement age. Thus, it was concluded that the need to set different parameters for granting the special retirement age is real, determining the application of the benefit according to the degree of disability of the insured, as well as in special retirement contribution, which is provided in compliance with the precepts of the principle of equality, noting the deficiency and the difficulty of developing labor activity, according to each case.