PREVIDÊNCIA SOCIAL BRASILEIRA E A PEC. 06/2019: análise do sistema atual e das possíveis mudanças sob a égide da teoria Luhmanniana

Abstract

This paper aims to promote the debate about the applicability of PEC 06/2019, popularly known as social security reform, the reality of Brazilian social security, in light of Niklas Luhmann's systems theory. Social Security in Brazil has been the scene of emblematic legal and economic discussions regarding its need for legislative reform due to the aging of the population, and imminent concern about the capacity of the current financing model to allocate the impact of deficit in public accounts. This led to the national expectation of implementing a new pension plan, now based on individual capitalization, coupled with a series of benefits cuts, increase of the minimum contribution and increase in the age limit for retirement. Under the aegis of the Luhmanniana theory, however, it is possible to identify that the suggested model, said to be able to promote unrestricted economy, cut privileges, surplus expenditures, and still provide stability, security, and fiscal equilibrium in the financial market, structure of social systems, and represents a real disturbance of the financial speculation, to the detriment of the Law, in its subsystem social security. This is because, in the autopoiesis of systems, that is, their capacity to self-regulate and self-manage, external interference is interfered, under eminently external interests, from one system to another, for the sole purpose of individual promotion in itself. In this way, we have a well defined economic system, radiating its own deficiencies of control of expenses under the system of Law, provoking its distortion and dismantling, due to the lack of balance and legal security brought by reforms that do not meet the needs of the Law, but from the economy to the stabilization of public accounts.