A cassação de aposentadoria do servidor público federal e seu impacto no FUNPRESP

Abstract

This paper aims to analyze the penalty of retirement revocation in the context of a new social security regime. Initially, a brief history of the retirement of the civil servant in the homeland legal system is presented. In the following, we present the closed entity of complementary social security - Funpresp, while discussing the constitutionality of the retirement cassation of the federal public servant. At this point, a reflection is instituted regarding the constitutional legitimacy of the legal-administrative sanction, with the study of the following points: legal relationship between the State and the inactive, civil servant liability, human dignity, illicit enrichment of the Public Administration, act perfect legal protection, acquired law and legal certainty. In addition, the Supreme Court's jurisprudential understanding of the issue is mentioned, as well as the details of the Direct Action for Unconstitutionality (ADI 4,882), where a definitive ruling on the constitutional controversy is expected. Concludes by expressing strong expectation that the Supreme Court, in judging ADI 4882, modulates the effects of its decision, contemplating the primacy of this new social security reality of the federal public servant, and understands unconstitutional the penalty of retirement cassation for servants submitted to FUNPRESP. It is noteworthy that, as a methodology, it adopts a markedly expository form, based on research of bibliographic and jurisprudential nature.