Aposentadoria voluntária como causa de extinção do contrato de trabalho

Abstract

We will approach in this legal monograph a subject that has been sufficiently argued in the Courts, mainly for the consequences generated for the worker. The general objective of this study is to investigate if the spontaneous retirement is, really, cause for the extinguishing of the individual contract of work in the celetista regimen. We will make a study in the legal, doctrinal and jurisprudencial scope to get a common knowledge on all the aspects that involve the thematic one chosen. In the first chapter, we will study the main characteristics of the Right of the Work and its relations with the fundamental Previdenciário Right, its principles, studying still, the involved employment relationship, parts in this dynamics and the main legal figure that involves the interindividuals and social relations of the modernity, that is the employment contract. After that, we will analyze relative topics to the Previdenciário Right, carrying through initially a description of its evolution in Brazil, until arriving currently at the concept of social security known by us. Still in chapter II, we will approach the concepts general of the General Regimen of social welfare. In chapter III, we will direct the study in the subject properly said, analyzing its historical evolution, studying the main doctrinal and jurisprudenciais positionings concerning the substance. After the analysis of all the effective legislation, we will conclude the study, through the positioning that better portraies the yearnings of justice and interests of the society, inside of the current context politician of Brazil.