A desproteção aos trabalhadores expostos a agentes nocivos à saúde sob a perspectiva previdenciária à luz do Princípio da Proibição ao Retrocesso Social

Abstract

This article seeks to analyze how social security laws, especially those established after the 1988 Federal Constitution and especially the reform instituted by Constitutional Amendment 103/2019, have been depriving those exposed to agents that are harmful to health, who are in a more vulnerable situation and have suffered health problems over the years. The research also aims to examine the legislative developments governing special retirement for workers exposed to harmful agents, as well as the context of the 2019 social security reform, its reasons, and how the deprivation of protection for this class of workers highlighted here occurred, chosen precisely because of the urgent need to remove these workers from work environments that are harmful to health. Finally, all these aspects will be analyzed in light of the Principle of Prohibition of Social Regression, which should govern constitutional reforms not only normatively but also in practice. The research was carried out using the bibliographic and legislative review methodology and aims to understand how these legislative changes occurred and whether, in fact, a social setback occurred.