Instituto previdenciário da desaposentação: implicações jurídicas e questões relevantes

Abstract

As one of the many programs of the Brazilian government to successfully achieve the Social Security of its people, the Previdência Social is a compulsory insurance for workers which ensure that they’ll continue to receive their income even if they are unable to work through welfare benefits. One kind of these benefits it’s the retirement pension that is related to advanced age or rebate workers who provided services for a long time. It can be granted in the following modalities: retirement age, retirement for length of service, special retirement or disability retirement. In Brazil, many retirees continue to work even after retirement and, as a consequence, they shed contributions to Social Security, since they are considered as compulsory insured. These, however, cannot earn pension benefits because of these new contributions, except for minor exceptions. Aiming to solve this treatment that harms equality, Unretirement was created, in which the retiree has to seek from the judiciary the right to renounce their original retirement and reapply for a new one, in which will be considered the contributions paid by the worker after the withdrawal, allowing them to receive a higher monthly income. This institute is possible since the retirement is a renounceable right there is no need for legal provision for this to be granted, the retiree gets uncovered by insurance in which such contributions and helps generate a surplus unforeseen by the coffers of welfare, which must be returned to the taxpayer. The Superior Tribunal de Justiça has settled a understanding towards the legally acceptance of the unretirement, however some others courts still adopts the contrary idea, judging towards the illegality of the unretirement, such as the Tribunal Regional Federal da 3º Região. There are several bills in the Nacional Congress that seeks to regulate the subject, but none of these treats the matter with the necessary depth, unlike many legislations of other countries that could be used as a basis for a possible regulation in Brazil, like Portugal for instance.