A reforma da Previdência Social com o advento da EC 103/19 e o fim da carência nas aposentadorias por idade obtidas no Regime Geral de Previdência Social

Abstract

Social Security, encompassed by social security, is born from a context of social justice, aiming to ensure state social protection to workers and their families. In this sense, the national legislation is modified in order to adapt to social and historical changes, inherent to the social reality of a people in constant change. Among these legislative changes, the Constitutional Amendments are the most significant, since they have the power to alter, modify, a nation's charter. This work aims to draw attention to the aspect of shortage in programmable retirements from the perspective of the new text of the Federal Constitution brought by EC No. 103, of November 12, 2019. Therefore, it is necessary to analyze the preconstitutional text -reform and post-retirement, to demonstrate their differences in retirement requirements and their status as a limited effectiveness norm and a fully effective norm. In this sense, the objective is to demonstrate that the new text of the Magna Carta, dispenses with any other standard to regulate it, with regard to retirement requirements, since it has full effectiveness, not needing to be supplemented. As a result, there is currently the absence of the grace period requirement (minimum time referring to 180 contributions actually paid to the general regime's social security), since the new text of the FC did not list it. However, the Brazilian social security system insists on maintaining the grace period requirement, including the issuance of infra-constitutional norms, even with the enactment of Constitutional Amendment 103 of November 2019, determining its maintenance in programmable pensions. Thus, the theme that will be debated here is considered extremely relevant to raise debate and the production of knowledge that deals with the Social Security Reform, with regard to the requirement of the grace period requirement. A requirement that commonly leads to the denial of thousands of pensions throughout Brazil. Since, with the advent of Constitutional Amendment 103/2019, grace period is no longer required as a requirement for granting programmable pensions, with regard to the General Social Security Regime. Thus, the legislation that preceded the Constitutional Amendment, regarding the requirement of grace period, lost its normative validity and, those that come to be edited, providing for the requirement of grace period, will be infringing the constitutional text of full effectiveness.