IMPACTS OF THE 2019 PENSION REFORM ON SPECIAL RETIREMENTS: STUDY OF CHANGES AND THEIR EFFECTS FOR INSURED PEOPLE IN RISKY ACTIVITIES

Abstract

The objective of this study is to present, without intending to fully cover the topic, how the changes brought about by the pension reform, expressed in PEC No. 06/2019 (currently Complementary Amendment No. 103/2019), may have adverse effects on special retirement. There is a risk that, if approved, this reform will almost eliminate this category of retirement from the legal system. The theoretical basis that supports this statement is the analysis of the principle of the prohibition of retrocession, a concept implicit in the legislation, but widely accepted by scholars and judicial decisions, which prohibits the revocation or suppression of norms that regulate fundamental rights without there being a new provision that compensates or supersedes the right withdrawn. This implies that fundamental rights should not be diminished, but rather preserved or improved. From the analysis of this principle, it is noted that the essential core of special retirement has been modified, since its original purpose of protecting the health of the insured exposed to harmful conditions has been changed. Furthermore, we found that no technical studies were presented to justify the imposition of a minimum age as a criterion, and the conversion of special service time to common service time is no longer an option. The transition rules appear to be quite strict, which makes access to this type of retirement difficult and may even eliminate it, resulting in a clear social setback.