THE SOCIAL SECURITY PROTECTION OF PARKING ATTENDANTS (FLANELINHA) UNDER THE GENERAL SOCIAL SECURITY SYSTEM

Abstract

This article presents a discussion about the existence or not of social security protection for parking attendant. Its main objective is to demonstrate whether there is legal helplessness of social security represented by the General Social Security Regime (RGPS) for this professional category recognized by Law No. 6.242/75. Using qualitative data analysis from bibliographic research, it was possible to verify that social security protection did not follow the growth of the professional activity. On the contrary, there is a tendency to criminalize the activity and question the legality of the remuneration received by so-called flanelinhas. The research demonstrated that there is a conflict of standards that prevents the precise positioning of parking attendant in the Brazilian social security system, since it is necessary to define the legality and nature of the collection of amounts to verify the existence of mandatory membership of the RGPS. The results tend to classify the activity as a paid activity, which directs the parking attendant to the mandatory insured label. In any case, even if this obligation is questioned, there is room for optional participation. What proved to be an obstacle to effective social security participation is the creation of rules that discourage the formalization of work, such as the need to contribute to a minimum wage, toughened by Constitutional Amendment No. 103/2019, and which clashes with the remuneration reality of profession and may result in the suppression of social security contributions and the transfer of social security protection to social assistance.