THE SPECIAL INSURED AND RETIREMENT BY RURAL AGE: TESTS AS A CHALLENGE FOR THE SPECIAL INSURED IN OBTAINING RETIREMENT BY AGE

Abstract

This article aims to examine the obstacles faced by special insured persons who carry out rural activities in the construction of evidence to prove their status based on legal and doctrinal texts that deal with the social security system in Brazil. Given the informality that characterizes rural activities and the lack of documentation for this group, the research defends the importance of mixed evidence (documentary and testimonial) as an effective method to validate agricultural activity. In addition, it seeks to demonstrate the problems faced by rural workers regarding the difficulty of proving their rural status for the purposes of granting their retirement, considering that often material evidence is not sufficient to prove their status as special insured persons and testimonial evidence, in turn, cannot be used exclusively in these situations, according to the understanding of the Superior Court of Justice. In view of the above, the research has the general objective of: analyzing the challenges faced by special insured persons in obtaining retirement by age. To this end, an exploratory descriptive, bibliographic and qualitative methodology was adopted. The results found indicate that there is an urgent need to train INSS employees, as well as to expand the role of unions, public defenders and social security lawyers, as a way of ensuring effective access to rural retirement age.