ANALYSIS OF THE INSTITUTE OF DE-RETIREMENT IN LIGHT OF THEME 503 OF THE FEDERAL SUPREME COURT

Abstract

This study aims to analyze the institution of Retirement Retrenchment, a type of Social Security Law, and the judgment of Extraordinary Appeal 661,256 by the Federal Supreme Court, which had a thesis of general repercussion and originated Theme 503. The analysis begins with an explanation demonstrating the relationship between society's advances in medicine and technology and how this influences life expectancy and, consequently, the human being's ability to work for longer. Next, the evolution of social security is addressed, in which its main historical milestones are pointed out at the global and national levels. After that, an approach is made to the Brazilian Social Security System, highlighting the subdivision of Social Security into Health, Pension and Social Assistance, in addition to the types of regimes that make up Social Security. Next, there is an explanation of the principles of social security and the types of retirement. Finally, given the lack of a specific law regulating the un-retirement, the question arises as to whether and how the State makes the application of this institute viable. To this end, the concept and origin of the un-retirement are pointed out, showing the divergences regarding the institute and how it is positioned in the jurisprudence after the judgment of Theme 503 by the Supreme Federal Court.