Análise do controle de constitucionalidade da PEC 287/2016 - Reforma da Previdência Social

Abstract

Social Security is at the center of national discussions, especially regarding the need for reform that guarantees the sustainability of the system. For this reason, the federal government sent PEC 287/2016 to the National Congress, which consists of a parametric reform of Social Security. The proposed reform has been considered fundamental for the maintenance of the social security system in order to guarantee benefits payments to the insured without risk of collapse. Opponents of reform, however, consider it unnecessary and unconstitutional, as it suppresses some social rights and hinders access to others. Thus, the main objective of this study was to analyze the constitutionality control of PEC 286/2017 in view of the effectiveness of the social fundamental rights foreseen in CF / 88, considering also the sustainability of the governmental justifications for this reform. Considering the above, an explicative, bibliographical, documentary and qualitative research was elaborated. The history of Social Security and Social Security, fundamental rights, as well as the structure of the Brazilian social security system, the constitutionality of laws and the main aspects of PEC 287/2016 that affect RGPS policyholders were discussed. We also analyzed quantitative data on the results of Social Security and Social Security. The results showed that the government's justifications for reform do not hold up, especially as regards the deficit and the growth of expenditure in relation to GDP; and that the proposed amendments are unconstitutional in view of the fact that they affect the effectiveness of the social rights foreseen in CF / 88, violating the principle of human dignity, the clauses of the Constitution and the principle of prohibition of social retrogression.