Desaposentação no Brasil: análise dos fundamentos legais e do posicionamento jurisprudencial e doutrinário.

Abstract

The unretirement is a new legal institute of social security law by which the retiree who returns to the labor market and that collects the compulsory social security contributions, and that waives retirement benefit in order to ask new retirement in which the monthly income is bigger than the income obtained in the previous benefit. The study aims to contextualize the unretirement at the national juridical scenario and systematize the rules contained in the legislation, the jurisprudential positions and doctrinal opinions, through the production of a literature review that uses the qualitative method of approach under monographic procedure using the direct documentation as technique of research and bibliographic and documental research. The conclusions of the study were that the Brazilian law has omitted itself about the subject, so the Judicial power assumed the responsibility of appraise the theme and decide on its applicability. And that is necessary to do a study from the actuarial science to checking the impacts that the unretirement may bring to the national social security system. After the actuarial study results, the Legislative power can discipline appropriately the subject obeying the criteria of maintaining financial and actuarial balance.