POSSIBILITY OF TERMINATION OF OWN SOCIAL SECURITY SCHEME (RPPS) PROVIDED FOR IN § 22 OF ARTICLE 40 OF THE FEDERAL CONSTITUTION AND IN ARTICLE 34 OF CONSTITUTIONAL AMENDMENT 103/2019.

Abstract

The aim is to analyze the normative evolution of social security in Brazil, focusing on the social security reform promoted by Constitutional Amendment 103, of November 13, 2019, and its implications for the own social security regimes (RPPS), considering that the difference in treatment between public servants and workers in the private sector has been explicitly present since the 1934 Constitution and was maintained by the 1988 Constitution. The deductive method is adopted, based on research bibliography, documents and legislation to demonstrate the paradigmatic transition since 1988 of the public servants' pension regime from an essentially non-contributory model to a contributory and signalagmatic regime, progressively bringing it closer to the general social security regime (RGPS). Based on Constitutional Amendment 103/2019, it is concluded that, although it did not foresee the pure and simple extinction of RPPS, it established a tendency for these regimes to be extinguished by the federative entities that established them, due to economic and financial aspects, and consequently adherence to the general social security regime (RGPS).