ANGELO, F. K. S.; http://lattes.cnpq.br/6776087977003485; ANGELO, Fabrícia Kelly Souto.
Resumen:
The following research has the purpose to report the recent Institute named
Unretirement, original from the field of Social Security Law, developed simultaneously
between the doctrine and the jurisprudence over the years. The main objective is
directed to clarify which points are currently accepted by the doctrine and the
jurisprudence and which points are still sources of fervent discussions and opposed
to the establishment of such an institute within the national legal system, and also
highlights the current lack of legislation regulating this theme. The study starts with a
thorough analysis of what comes to be the national social security system, focusing
on understanding the operation mode of the Social Security in Brazil. Thus, it is
necessary the lucid systematization of the legal institution of retirement, elucidating
the conceptual division and practice as north of this scientific study. The
phenomenon of the Unretirement brings with it concepts about principles baptized
constitutionally, that arise as a protection way of it, since they are closely related to
the pure concept of Social Order. This assumption is supported by the fermented
values of the Law Democratic State, which protects vehemently the structure of this
very same Social Order. It is possible to conclude that the fact that there are
distinctive ways to combat the proliferation and, taking a step further, the possible
peaceful acceptance of this phenomenon in the legal scenario in Brazil, certain is the
conception that this assumption will happen and the Unretirement will gain forms and
incident limits in the homeland legislation. Glimpsing this supposition, it is extremely
necessary that the considerations on this topic have to be discussed and the ordinary
legislator can effectively meet all these powers, respecting the effective protection
that the social security system deserves, as the engine of a whole population molded
in the collectivity.