SANTOS, M. A. C.; SANTOS, Maria Albanyse Carvalho.
Abstract:
It is known that the age for retirement institute aims to safeguard the individual of the
misfortune old age, and for this, the legislator predicted criteria of specific
determinations that must be completed by the insured for the obtainment of referred
blessing. This bias, the §3º of the art 48 of the Law 8,213/91, as amended by Law
11,718 / 08 instituted new age for retirement mode that allows the rural worker,
detent this condition during the administrative requirement, and that did not reach the
necessary grace period for acceptance of rural retirement, count the period of activity
performed in other work category for the obtainment of hybrid or mixed retirement, as
this remains baptized by the doctrine. That is, it was authorized by means of such a
device the sum of urban and rural time for effects of the integration of the deficiency.
However, denied to urban workers the right to timing of activity developed in rural
areas, except the perception of the blessing, in evident affront to the principle of
equality. This particular, the present paper is intended of to analyze the extension
possibility of hybrid retirement to the urban insured with fundament in the present on
the basis of principles rested in art. 194 of the Federal Constitution. Notably on the
principle of uniformity and equivalence of benefits and services for urban and rural
populations (item II), being and this offshoot of equality. The objective is to
demonstrate that the legal increase should be interpreted more favorably to the
insured, as well in consonance with the precepts of the Constitution. Therefore, it
sees the social necessity of extension to the recipients of the hybrid retirement,
supplying the inconsistency imposed by that paragraph as a way of the social justice
and the realization of human dignity.