A materialização do direito essencial à aposentadoria por idade do trabalhador em regime híbrido trazida pela lei 11.718/08.

Abstract

The work in comment aimed the study about the Law number 11.718/08, which appearance brought the creation of a new genre of the social security benefit of retirement by age, the called hybrid or mixed. The legislative novelty was stimulated by the gap that exists in the cases where the pretender for the benefit of retirement by age isn't entitled for the rural type, neither the urban one, by the fact that he worked in the two types, but don't fulfill the necessary need to be conceived neither of them when we look in isolation. By this way, was analyzed all the historic of the social security protection offered to the workers since the XVII century, when the first institutions of charity came up. Besides that, made necessary the study about the principles that run the social security and the attention that is given to the farm worker, in a way that we can get a base to analyze the main point of this work: the social need that was filled by the creation of the Law number 11.718/08, just like the divergences faced until the consolidation in the legal system. To make possible the work, the deductive method was used. The procedure used was by bibliographical research, lecture and analysis of books, laws and jurisprudence that was relative about the subject. Thus, the aim was the study about the theme, since the historical baggage until the firmament in the actual jurisprudence.