A inclusão previdenciária dos agricultores familiares sob a ótica da análise econômica do direito e da experiência do Juizado Especial Federal de Campina Grande/PB (2016-2018)

Abstract

This thesis, which is divided into five chapters, aims to analyze whether or not the format of social security inclusion currently applied to family farmers is appropriate to the protection needs of that category of workers considering the major social risks to which they are exposed. The constitutional framework of the model herein discussed is the equalization between urban and rural workers, which provides that the contributions to social security paid by the rural workers — when conducting their rural activity either individually or in the family farming regime — shall be calculated on the outcome of commercialization of their production. While Law nº. 8.213/1991 regulated the constitutional order and defined the welfare plan of the general social security system, it labeled rural workers a special category and determined that they need not prove having paid their social security contributions to ensure their social security rights, as long as they can prove having conducted the activity that legitimizes their right to their intended benefit. This has led to the coincidence between the workers’ registration and their application for the social security. This work was developed as a document research with the Federal Special Court (Juizado Especial Federal) of Campina Grande, State of Paraíba, between January 1st, 2016 and December 31, 2018. We applied the simple random probability sampling techniques. During data analysis, we sought to identify the main controversial issues related to the social security rules directed to family farmers. As the research problem, we questioned whether or not the social security classification of family farmers meets their protection needs. Our starting hypothesis indicated that not meeting the objective criteria regarding social security classification; the vulnerability to fraud; and the inability to ensure protection during adverse weather events render the model inadequate considering its intended purpose. We adopted inductive and historical-deductive methods to develop our line of thought. We applied historical, hermeneutical, and statistical procedural methods, as well as case study. The research techniques used were direct and indirect documentation. The Economic Analysis of Law (EAL), focusing on the consequentialist evaluation of the legal norm and the everyday pragmatism sustained by Richard A. Posner served as the theoretical framework for this research.