Segurança jurídica e ato de concessão de aposentadoria em regime próprio: uma análise do Recurso Extraordinário nº 636.553/RS

This paper aims to analyze the judgment of Extraordinary Appeal No. 636,553 issued by the Supreme Federal Court and demonstrate some concepts and consequences undertaken from such analysis. A study is carried out on the constitutional competence of the Courts of Accounts with regard to the assessmen...

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Bibliographic Details
Main Author: Brito Júnior, Francisco Clayton
Format: Article
Language:Portuguese
Published: 2021
Subjects:
STF
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7879225
Source:Revista Controle: Doutrinas e artigos, ISSN 1980-086X, Vol. 19, Nº. 1, 2021, pags. 393-422
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Summary: This paper aims to analyze the judgment of Extraordinary Appeal No. 636,553 issued by the Supreme Federal Court and demonstrate some concepts and consequences undertaken from such analysis. A study is carried out on the constitutional competence of the Courts of Accounts with regard to the assessment, for purposes of registration, of the legality of retirement under the proper regime. It will analyze the principle of legal certainty within the framework of fundamental rights as a factor in stabilizing social relations and as a basic principle of the Democratic Rule of Law. A reflective, explanatory and descriptive study of the specific case of the Supreme Court of the Brazilian Judiciary is carried out, developing through bibliographic research related to the theme. It is concluded that the Courts of Accounts have a relevant and evident social function in assessing the legality of retirement under their own regime, as well as concluding legal certainty as a relevant fundamental right and a factor in stabilizing legal and social relations.