Aposentadoria da pessoa com deficiência sob a visão dos Direitos Humanos

• Ano de defesa: 2016
• Autor(a) principal: Oliveira, Carla Benedetti de
• Orientador(a): Pulino, Daniel
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Aposentadoria da pessoa com deficiência; Direitos Humanos; Previdência Social
• Palavras-chave em Inglês: Retirement of the disabled person; Human rights; Social Security
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/19610

The Retirement benefit of the disabled person came into force by means of Supplementary Law 142, of May 08, 2013. From then on, it became possible for the insured to prove that disability could retire by age or by Time before the period previously stipulated in law for such retirement modalities. This benefit was supported by the International Convention on the Rights of Persons with Disabilities, ratified by Brazil under Legislative Decree No. 186, on August 25, 2009, which gave rise to Complementary Law 142/2013, which establishes the retirement benefit of Disabled person. Article 2 of this law analyzes disability through a social model of human rights, when physical conditions, together with the Environment, economic and cultural conditions their framework, since disability is the result of the interaction of functional limitation with the environment . Under such a conceptualization, disability would not be understood as inherent in the person, but as a result of cultural influence, which obstructs the full and effective participation of the disabled person in society and on an equal basis with others. In this sense, the benefit of the retirement of the disabled person, using the premises of the fundamental principles, such as equality (Article 5 of the CF), solidarity (Article 3, I of the CF), universality in coverage and care (Article 194, I of the Constitution) and Human Rights, allied to the International Treaties and Conventions, as well as domestic legislation, propose to dignify the human being, a principle that is present in art. 1º, III da CF, and basilar, guaranteeing the minimum existential conditions for a healthy life, together with a policy of social inclusion and a protective network based on Social Security. The aim is to promote equalization and to promote the participation of all, balancing conditions and eliminating barriers.