Os novos contornos conferidos à aposentadoria especial pelo Supremo Tribunal Federal: O julgamento do are n. 664.335 sob a perspectiva da análise econômica do direito

This article aimed to comment the effects of the decision rendered by the Supreme Court in the pension benefit called special re-tirement. With this purpose, the historical hermeneutic was used, especially for its ability to rebuild motivating elements of a theory. With this premises in mind, it cou...

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Bibliographic Details
Main Authors: Osdival Gonçalves, Oksandro, Floriani Neto, Antonio Bazilio
Format: Article
Language:Portuguese
Published: 2015
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7277370
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 2, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 579-600
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Summary: This article aimed to comment the effects of the decision rendered by the Supreme Court in the pension benefit called special re-tirement. With this purpose, the historical hermeneutic was used, especially for its ability to rebuild motivating elements of a theory. With this premises in mind, it could be observed the changes occurred in this pension until the way it is granted today. Currently, the insured must prove, by a form called professional profile, the effective exposure to harmful agents for 15, 20 or 25 years. It turns out that the social security authority determines the reduction in the contribution of time to an increase in funding, under penalty of offense to the economic balance. With these premises in mind, the matter came to the Brazilian Supreme Court and two theses were created. As a consequence, the paper aimed to examine what were the propositions and how they can give new directions to the matter, using the tools of economic analysis of law.