Aposentadoria por tempo de contribuição: corpo estranho no organismo previdenciário

Abstract

The objective of this study is to analyse the retirement by contribution time and the social risk involved. The social security was created to guarantee the subsistence of the people which is disabled to work because of the acquirement of some social risks predicted by the law. Social risk means an uncertain and unintentional event which provokes the incapacity, temporary or permanent, of the worker to support his own and the family maintenance. All the benefits of the Social Security General Regime compensate some kind of social risk, in this case only the retirement by contribution time is questioned, because it not depends of a minimal age, or any other requirement to your concession, excepting the contribution time. With the increase of the expectation of life of the brazilian, people who retire in work age still receive the benefit for a long time, causing deficit on social security's accounts. Institutes like the social security factor and the 95/85 rule arrived as solutions to discourage the premature retirements, but it not solve the problem of the onerous maintenance of this benefit. By the fact of retire themselves early, the workers, instead of move on to their homes, continue in work activity and contributing to social security, which make them to require the benefit revision by the unretirement phenomenon, loading up the courtrooms of social security claims. For this and other reasons, many specialists of the theme are favourable to the extinction of the retirement by contribution time of RGPS in a next social security reform.