UMA ANÁLISE DOS CRITÉRIOS PARA COMPROVAÇÃO DA CONDIÇÃO DE SEGURADO ESPECIAL

Abstract

The present work deals with the special insured, which is defined as that rural worker who exercises, individually or in a family economy, the activities of agriculture and livestock, vegetable extraction, artisanal fishing or equivalent, in order to guarantee his livelihood and that of his nuclear family. Due to the survival-based nature of the activities of special insured persons, the social security benefits of retirement due to rural age, disability retirement, sickness allowance, imprisonment allowance, accident allowance, death pension, and maternity salary are granted to them regardless of their making contributions to the social security authority. Given this context, the provisions of constitutional and infraconstitutional legislation, national jurisprudence and the normative instructions of the National Institute of Social Security (INSS) relevant to the subject will be examined, in order to undertake a detailed analysis of the criteria adopted by the INSS to prove the special insured status, which have evolved immensely over the decades, since the advent of the Rural Worker Assistance Fund (FUNRURAL) to the current norms and imminent reforms that are in the process of being implemented.