O instituto da desaposentação no ordenamento jurídico brasileiro: uma análise dos entraves e vantagens dentro do regime geral de previdência social e regime próprio da previdência social.

Abstract

In Brazil, the retiree who remain active in working life should continue contributing to the Social Security System in order to help finance the cost of this, according to the principle of solidarity. It happens that there are times began to entertain the possibility of renouncing retirement in order to postulate, then those benefits in a more advantageous. In this context Exsurge the institute legal desaposentação that is nothing but the hypothesis will forego retirement to require it again under more beneficial to the insured. Before the statutory omission, this institute created by the doctrine has found it difficult to effect. Today, there are many precedents that sees its possibility, however, can also find decisions that deny. But the biggest discrepancy is in relation to the conditions that it is accepted - with or without the return of amounts so received. The legal omission is largely responsible for these decisions heterogeneous, which in turn are responsible for a considerable legal uncertainty in which the judge or court decides without express rule the east. However there are restrictions so that the system can survive, it is essential to safeguard the rights of the insured. In the case of desaposentação, although respectable opinions that deny its possibility, there is, according to the analysis of the legal parental rights, consistent reasons to allow it. However, greater certainty surrounding the theme is its need for regulation to finally clarify the contested decisions and, finally, what is the position that the judiciary should take to resolve on it.