Aposentadoria especial: uma análise dos requisitos após a promulgação da Emenda Constitucional n. 103/2019

Abstract

Social Security was created with the aim of protecting the working class from social risks, such as illness, disability, old age, death and unemployment, which afflicted the population and affected the livelihood of workers and their dependents. Special retirement appears in this context as a specific benefit aimed at those who were exposed in their work environment to harmful, chemical, physical and biological agents that could harm their health and/or physical integrity. This benefit has undergone several changes over the years, which have made it increasingly difficult for policyholders to obtain it. With the enactment of Constitutional Amendment n. 103/2019, therefore, a new fear arises among workers, that possible changes in the legal regime of special retirement would affect their rights even more. It is important to study this legislative novelty, in view of its long-term influence, especially regarding eligibility factors, which may change previously guaranteed circumstances, as well as transform the way in which the benefit is obtained. The present research, therefore, aims to study the benefit of special retirement, its historical evolution and its characteristics before and after the enactment of EC n. 103/2019. To do so, it uses a narrative and documentary literature review, with analysis of current and past national legislation, as well as books and scientific articles that deal with the subject. The information and data collected through the research were interpreted in order to find out how the changes brought by EC n. 103/2019 affect the health, physical integrity and livelihood of the worker.