Uma análise jurídico-econômico da decisão do supremo tribunal federal que declarou ilegal a desaposentação

Abstract

The objective of this study, always in accordance with the principles that govern the entire Brazilian Legal Order, is to develop the theme of out retirement, promoting a legal-economic analysis of the decision that declared it illegal. As well as demonstrating the importance of recognizing the right to this institute in the face of Brazilian social reality. To this end, it’s adopted the deductive method and bibliographic research, with focus on doctrine, law and jurisprudences. It’s glimpse, because, that the current Brazilian social reality is marked by retirees who return to the active as a way to supply their needs and their family. Therefore, they return to contribute to Social Security, being understood by the Law number 8213 of 1991 as compulsory insured. Thus, nothing more fair that such contributions be included for a new retirement calculation, leading to out retirement. In the actual legal landscape, there are decisions both favorable as unfavorable to the granting of this right, having as a last decision of the Superior Court of Justice the judgment of the Extraordinary Appeal (RE) 661256, which had general repercussions recognized, where it did not confer juridical validity to out retirement, declaring It as illegal. However, in the present study, it will be demonstrated that the negative happened, substantially, from the economic aspect. As well as, the Brazilian Supreme Court may, a posteriori, change of its understanding.