Aposentação especial : o regresso ou a permanência no trabalho nocivo.

Abstract

This work of course completion has as general objective to verify about the (in)constitutionality of the norm contained in paragraph 8 of art. 57, of Law n. 8.213, of 1991, in light of the constitutional principles of Social Security and the practical effects of special retirement in the daily life of the insured of Social Security. In this context, the problem to be faced will be to answer if it is possible to stay or return to work in the harmful activity in the case of special retirement without losing the value of the benefit. That is, to investigate the (im)possibility of returning to harmful work together with the social security benefit granted. The paragraph 8 of art. 57, of Law n. 8.213, of 1991, reports to art. 46 of the same Law, being within the legal characteristics of the disability retirement. Having said this, we ask ourselves: what does this have to do with the special? In order to retire invalidly, the insured must have total and permanent incapacity for any and all type of work. In the special case, the insured is not incapable of returning or remaining in the activity previously developed. But for both, if you return voluntarily to the activities, you will lose the value of the benefit conferred. He may even return to the same previous occupation, however, will have his benefit terminated. In order to deal with this task, the deductive method is used, that is, it starts from the general reasoning for the individual, arriving at a specific conclusion pertinent to the present case. It consists of the analytical treatment of the content, that is, reading, analyzing and interpreting the selection of the material obtained in the interpretation of the laws, reading of works and understanding about the presented theme, besides consulting the jurisprudential material in preselected and reliable sites in order to contribute to the main study. That is, the methodology is a bibliographical and explanatory research whose objective is to understand the causes and effects of a certain phenomenon related to the proposed theme, being deeply based in doctrinal studies of the legal norms of works of the main specialists in the area. Finally, it can be said at the outset that the legislator did not stop the return to the special activity, only worried about the suspension of the benefit and there is no real concern with the insured's health. There is also the question of the previous source of cost and the reduced time for retirement in this modality.