O benefício previdenciário da aposentadoria por idade no direito brasileiro

Abstract

It analyzes the relevant aspects of the benefit of the retirement age in the General Social Security System. It emphasizes the importance of the protective segments of Social Security, one of them is the Social Welfare, for the achievement of equality, welfare and social justice. It presents the provision of retirement age as an instrument of protection of social risk advanced age, exposing the current context of aging population. It studies, specifically, the requirements for granting the benefit in focus, differentiating its three species, noting the legislation and the jurisprudence and comparing them with the social reality of today. Strictly speaking, addresses, under the principle of equality, the differences of age to obtain the benefit of men and women and between urban and rural workers, fishermen, prospectors, and it questions whether such distinctions are appropriate. It is based on doctrinal research, case law and legislation, also using statistical studies found on websites. It concludes that the retirement age is essential for the social welfare system, because it adds the support and quality of life among the elderly.