Qualificação do agricultor como segurado especial: volume de produção x segurança jurídica
The social security laws define the small rural producer in a family economy regime as special insured. Court decisions understand that the high production mischaracterizes this type of insured person, preventing access to social security benefits. The research problem is to know whether the cause i...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8741494 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 14, Nº. 2, 202230 pags. |
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| Summary: |
The social security laws define the small rural producer in a family economy regime as special insured. Court decisions understand that the high production mischaracterizes this type of insured person, preventing access to social security benefits. The research problem is to know whether the cause is supported by the legislation. As the law lacks an objective rule in this regard, this cause is only revealed when the benefit is requested and not previously to it. It is a source of legal uncertainty, and may have irreversible repercussions for the insured. Through a bibliographic review and collated with the legislation, following the deductive and inductive methods, a qualitative analysis of the jurisprudential positioning and its appropriateness was carried out. Using the systematic interpretation, it is concluded that the judicial understanding has no support in the legal system, and the respective legal uncertainty must be ruled out. |
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