O instituto da desaposentação e seus desdobramentos jurídicos

Abstract

This monographic work has the main purpose to study the desaposentação Institute, where its problematic it is decision of the Supreme Court which considers it unconstitutional desaposentação Institute, especially when considered in light of the absence of legislation to regulate the issue , using as the deductive approach method, as methods and procedures, the observational. By analyzing the desaposentação it notes that it is essential to understand the direct relationship that this topic has, among others, the right to retirement, with the principle of solidarity with the principle of legality and the right to a dignified life. Also, for such work is used as a literature search technique, using vast doctrinal, legal and jurisprudential material. In this sense, this work aims to study the desaposentação exceeds the testing of hypotheses of its constitutionality, notably for achieving social rights, moreover, the right is dynamic and constantly needs to be renovated to keep up with the changing needs of society. Understand that retirement is waivable and may be increased when the retired returns to the labor market and then return to contribute to the Social Security will be entitled to apply for a new benefit, it aims to: ensure the livelihood of the insured when it fulfills the requirements for the grant. The pension rights especially retirement, they need the grant by Social Security, is the main means of consecration of the contributions made by the insured in this made aiming to have the guarantee of a dignified old age, should this right be made effective by the State in the most efficiently as possible. Finally, one comes to the conclusion that there is no need to talk about unconstitutionality of desaposentação Institute without legal rules to regulate, in fact, and thus justify not granting retirement review, since the right to retirement is act perfect legal and should be granted and revised to whom it is right.