Fator previdenciário frente ao princípio constitucional da isonomia

Abstract

This work has the main objective to promote the study on the social welfare factor, introduced by the Law n. 9.876/99, addressing its concept, implementation, and consequences for the insured ones. It also sought to identify, in a constitutional and infraconstitutional approach, the concept of equality, as it should be interpreted and applied in practice. These important considerations made, it is the main purpose of this study to analyze the constitutionality of the social welfare factor under the principle of equality – one of the pillars on which the Democratic State of Law is founded. From a critical view of the Law which settled the social welfare factor, supported by extensive doctrine and jurisprudence, it tries to demonstrate the clear affront to the principle of equality introduced by the calculation of benefits criteria non-constitutionally foreseen which generates unequal treatment for the individuals who are found in the same situation.