Instituto da aposentadoria híbrida ou mista.

Abstract

The Social welfare is regarded as one of the three pillars of social security ensured in art. 201 of the Federal Constitution. Taking into account the importance of that content was seen necessary by conducting a survey regarding the possibilities of granting new modality Retirement brought by innovations from Law 11.718/2008, being considered as a microrreforma the Social Security Law Insured's Special. The problems of work walks the possibility of granting the benefit not only for the special insured for the insured as well as urban with rural use of time. The goal moves towards demonstrating the great importance of the subject, especially for the region's semiarid Northeast suffering with large rural exodus, as well as analyzing the looks of Brazilian law. That in view of the 88 Largest Law and the laws under the Constitution, or Laws 8.212 and 8.213, both 1991, Decree 3048 of 2009 and Law 11,718 of 2008. Thus, the rationale for this research is guided in the range of 9nterpretaçoes devices by the INSS, the courts and doctrine. To this day it was adopted as the Deductive Method and technical literature. With regard to the field doctrinal national perceive a predominance for the defense of cumulation of time not only for the insured with the last bond rural, that in defense of the principles of Equality and Uniformity and Equivalence of Coverage Service and Urban Populations rural. Already the case law reveals that there is still disagreement regarding this Retirement Sui generis. Where mainly the Federal Courts presenting divergent positions. Therefore, after the examination of the theme it appears the viability of benefit to both the insured and rural advocates as Federal Authority for Urban, as claimed by the doctrine and some courts.