Fator previdenciário e sua incidência na concessão de benefícios previdenciários.

Abstract

This monograph has as its theme the "social security factor and its bearing on the granting of social security benefits". We analyzed the situation of the application of the formula the social security factor, created by Law No. 9.876/1999, the granting of social security benefits for retirement contributions, and retirement age, in the case of by hypothetical cases, show the incidence of that factor in retiree income. In the first stage we tried to bring the general notions of welfare and social security, bringing concepts about the basic institutions of the national social security law, as well as the historical evolution of the social security system on a global and national level, also showing the path of the Brazilian social security legislation over the years and its change as a result of various federal constitutions. With basic concepts related to the pillars of social security law, in the second phase of the thesis it was possible to enter in the social security factor explanation, since its origin and creation, to its impact on pensions, creating, therefore, hypothetical cases which might If glimpse with the variables of the mathematical formula, as well as the goal of macro explanation that the security factor had at the time of publication of his creative law. After the second time, presented to controversy about the constitutionality of the institute, presenting the views of the doctrine most highly regarded nationally and the final decision of the Supreme Court on the subject. After we analyzed to 85/95 formula, innovation in social security retirement benefits granting calculation which preclude the application of the social security factor, upon fulfillment of certain requirements.