Previdência social: aposentadoria por tempo de contribuição e risco social

• Ano de defesa: 2013
• Autor(a) principal: Pereira, José Maercio
• Orientador(a): Gama, Tácio Lacerda
• 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: BR
• Palavras-chave em Português: Previdência social; Contribuinte; Benefícios; Aposentadoria; Tempo de contribuição; Risco social
• Palavras-chave em Inglês: Social security; Taxpayer; Benefits; Social risk; Retirement by contribution time
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/6271

This thesis is the result of the research and analysis of the legislation and doctrine behavior related to the social security, when they deal with benefits tied to the Social Security System and to the social risks what are to them decisive, which led to a criticism of the doctrine and the national legislation, when relates and identifies the different species of benefits and services by comparing them to the social risks that determine its creations, concessions, and support which the beneficiary population must have. In spite of the few sources of research and opinions of scholars related to this theme, in Brazil, we found out that the benefits and social services are disposed in the Federal Constitution/1988, in addition to the Law no. 8,213/1991, in the Constitutional Amendment no. 20/1998, in the Law no. 9,876 /1999 and, still, in complementary legislation relevant, denoting that, as a result, their concessions are indispensable for the maintenance of the taxpayer or their dependents in order to maintain minimum standards of human dignity. Similarly, it stands out the benefit that can be removed from the Brazilian legislation, nonexistent of social risks to justify its inclusion in this list, as it is the case of retirement by contribution time, as well as their effects within the population active and inactive, and, still, the reflections of these effects in the public accounts within a system that concerns, not only by the greatness of their numbers, as by the need to maintain a full balanced of their financial and actuarial aspects. Next, it will be offered alternatives of overcoming, replacement or removal of that benefit from the Brazilian social protection legislation. Thus, the work result becomes a timely critical suggesting that the social security systems seek to provide to its beneficiaries the maintenance indispensable by means of benefits absolutely consistent with the social risks that they are decisive and which prevent the exercise of professional activity, therefore personal and familiar maintenance at the expense of the taxpayers themselves. Seeking the rationalization, international systems offer, within a policy of minimal essential, the maximum to its supported ones