As reformas constitucionais da previdência social brasileira frente ao princípio constitucional da vedação do retrocesso social

Abstract

The social security law is extremely important to society, since that constitute a social fundamental right. This area of law which the base are situations of social risk inherent of life, such as impossibility of work because disease, by the condition of advanced age, and other situations. That way, the present work analyses principal reforms in social security after promulgation of federal republic constitution of 1988, through constitutional amendments nº 3/93, 20/98, 41/03, 47/05, 70/12 and 88/15. Besides this constitutional amendments, will be analyses the PEC 287/16 that is being proceeding suspended due to the recent federal intervention in the State of Rio de Janeiro. The recent pursuits for the reform of social security law aim a change of this institute. These reforms will be reflected under a perspective of the principle of prohibition of social regression. The analyze of this reforms will be consider many essentials points that prove that social security law walk towards social retrocession. Previously, in that analysis, will be discussed general issues, which as the History of Social Security at national level and worldwide, aiming understanding the present time of social security law, In addition to, will be approach the relevance of this kind of law to the society. Also will be analyzer, in a preemptive, the principle of prohibition of social regression like a fundamental instrument to make effective of social’s laws. At Last will be showed the importance and the right application of the principle of prohibition of social regression, based on the principle of human dignity and in limit imposed in the reformist power, in relation to social security reforms. This present work was developed through using bibliographic research methodology and through deductive method.