Uma análise constitucional sobre o direito à “aposentadoria" vitalícia em razão do exercício do cargo governador de Estado.

Abstract

This is a special precautionary measure by former state governors because they have held the position of governor for a certain period of time, thus being granted by former governors. Make an analysis of the benefit taking as a parameter the constitutive principles as well as the principles of social security that could be imported to the research. An analysis also had as a parameter the text of the Brazilian constitution of 1988, in the part dealing with social security benefits. The subject was searched in federal and state legislation, having been founded in 1967. In the scope of the Federal Supreme Court, the jurisprudence is unanimous for the unconstitutionality of the same since the year 1996. In the year 2018 many Unconstitutionality Directives Actions were decided, without the same purpose of the STF. In the case, the benefit of the special benefit continues to be paid by some Brazilian states, for example, the state of Paraíba, which has to do with the Supreme does not adopt a Theory of Transcendence of Determining Motives, which forces when analyzing an A law even though there is a contrary sense, that is, it guarantees the right to submit to a single case, and a decision of other similar demands. In the impossibility of using the same approach, suggesting that this court, taking advantage of the best decisions of its decision, granting its own preliminary injunction, that is, solving the problem, should be the STF edit Binding Summary, Public Administration Tax of All the Sectors of the Federation to Improve