Os efeitos práticos da desaposentação no ordenamento jurídico pátrio.

Abstract

The following research has the purpose to report the recent Institute named Unretirement, original from the field of Social Security Law, developed simultaneously between the doctrine and the jurisprudence over the years. The main objective is directed to clarify which points are currently accepted by the doctrine and the jurisprudence and which points are still sources of fervent discussions and opposed to the establishment of such an institute within the national legal system, and also highlights the current lack of legislation regulating this theme. The study starts with a thorough analysis of what comes to be the national social security system, focusing on understanding the operation mode of the Social Security in Brazil. Thus, it is necessary the lucid systematization of the legal institution of retirement, elucidating the conceptual division and practice as north of this scientific study. The phenomenon of the Unretirement brings with it concepts about principles baptized constitutionally, that arise as a protection way of it, since they are closely related to the pure concept of Social Order. This assumption is supported by the fermented values of the Law Democratic State, which protects vehemently the structure of this very same Social Order. It is possible to conclude that the fact that there are distinctive ways to combat the proliferation and, taking a step further, the possible peaceful acceptance of this phenomenon in the legal scenario in Brazil, certain is the conception that this assumption will happen and the Unretirement will gain forms and incident limits in the homeland legislation. Glimpsing this supposition, it is extremely necessary that the considerations on this topic have to be discussed and the ordinary legislator can effectively meet all these powers, respecting the effective protection that the social security system deserves, as the engine of a whole population molded in the collectivity.