INCONSTITUCIONALIDADE DA EXIGÊNCIA DE IDADE MÍNIMA PARA A CONCESSÃO DA APOSENTADORIA ESPECIAL POR INSALUBRIDADE

Abstract

The purpose of this paper was to analyze the unconstitutionality of the change in the Special Retirement for Unhealthy Work promoted by Constitutional Amendment 103/2019. The approach to the subject explores the historical evolution of the Brazilian social security system, the social security reforms in Brazil after the Federal Constitution of 1988, tracing the fundamental right to a balanced working environment and special retirement for unhealthy conditions and the consequent changes that negatively impacted the social security rights of special insured persons. The Brazilian Constitution provides for the adoption of differentiated criteria for granting retirement pensions to insured people who work under special conditions that damage their health or physical integrity. In this sense, the Magna Carta itself was used as a basis, along with other fundamental parameters, such as the right to health, the right to life and the principles of human dignity, the prohibition of social retrogression and the prohibition of insufficient protection. The analysis, interpretation and discussion of legal principles and norms in this research is based on the legal-dogmatic method. In the end, it was observed that the minimum age requirement for granting special retirement due to unhealthy conditions is incompatible with the Federal Constitution of Brazil, since it goes against its principles. The changes introduced by EC 103/2019 undermine the original nature of the benefit, as it exhausts the purpose of protecting insured workers exposed to substances harmful to their health or physical integrity in the workplace.