Da aposentadoria das pessoas com deficiência e a busca de sua efetividade à luz dos Direitos Humanos

• Ano de defesa: 2021
• Autor(a) principal: Totolo, Aparecida
• Orientador(a): Balera, Wagner
• 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: Deficentes - Aposentadoria; Direitos humanos; Pessoas com deficiência - Estatuto legal, leis, etc
• Palavras-chave em Inglês: Disability - Retirement; Human Rights; People with disabilities - Legal status, laws, etc
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/23881

The present academic study discusses the retirement of people with disabilities, seeking to understand how this right was achieved, through a historical incursion and bringing the relationship between this benefit and the ideals brought by the Human Rights, highlighting the importance of the Convention on the Rights of Persons with Disabilities of the UN, as well as Complementary Law n. 142, 2013. In this context, the problem that arises is the (in)effectiveness of this standard, and the objective of the research is to verify the barriers that prevent the realization of this right and identify potential measures to be taken in order to change this scenario. As for the methodological issues, in order to achieve the proposed objective, bibliographic research was carried out from various sources, with an exploratory purpose and a qualitative approach, and the method used was the deductive method. As for the results, it was found that, although the achievement of retirement with different rules has represented an advance, the challenge is to realize this right; it was found that the difficulty in applying the concept of a person with a disability contributes to the noneffectiveness of the benefit; and another issue was pointed out, which is the need for recognition and respect for differences, so that, in fact, people with disabilities can fully exercise their rights, including their insertion in the labor market. During the study, it was observed that people, in certain situations, should seek various mechanisms to guarantee the benefit, whether at the national level or even submitting the case to the International Human Rights System