Adicional de 25% e as demais modalidades de aposentadoria: O tema 1.095 e o entendimento dos tribunais.

Abstract

The additional 25% is a kind of aid granted to disability retirement, today recognized as permanent disability retirement, as long as the insured proves the need for care by a third party permanently. The Superior Court of Justice and the Turma Nacional de Uniformização recognized and justified the extension of the additional 25% to other types of retirement, provided that they proved the need for permanent thirdparty care for the insured, based on the principle of equality and equality. The Federal Supreme Court recently ruled on Theme 1,095, no longer recognizing the extension of this benefit to other types of retirement, as the only person who can create or expand benefits is the social security itself. This is the field of concern for this theme and from which one can ask: how does the thesis of Theme 1.095 by the STF conflict with the understandings of the STJ and the TNU? The general objective of the research is to understand the basis that the STF presented in the final and unappealable decision of the issue 1,095 on the extension of the additional 25% to other types of retirement. The present study was prepared based on the deductive method, ensuring that the assumptions are explained correctly to reach the intended objective, that is, based on the premise that the additional 25% is an extension of retirement due to permanent disability, until reaching the jurisprudence of the STJ, TNU and the final and unappealable decision of Theme 1,095 by the STF. The analysis of the doctrine and jurisprudence revealed a clash between the principles of legality and isonomy, an interpretative setback in the STF's decision for the judgment of Theme 1.095, although the same body recognizes the unrepeatability of the amounts received for the insured who were already entitled to the extension of the benefit.