THE DECONSTITUTIONALIZATION OF BRAZILIAN SOCIAL SECURITY LAW AND SOCIAL REGRESSION

Abstract

This scientific article is an analysis of the deconstitutionalization of Brazilian social security law and social regression. It addresses the central issue of the importance of preserving the rigidity of the Constitution regarding social rights, especially in light of the principle of prohibiting social regression. This leads to the following question: how does the deconstitutionalization of social security promoted by Constitutional Amendment No. 103/2019 affect social rights? The general objective was to analyze the effects of this event on social security regulations brought about by the pension reform, explaining how the alteration of these rules by complementary laws compromised the rigidity and stability of social rights, specifically social security, considering that this event destabilizes the maintenance of a fundamental right by altering the status of various norms, which cease to have a constitutional nature and become infraconstitutional. Seeking to answer this question, the specific objectives were to portray the historical evolution of Social Security in Brazil, contextualize the Citizen Constitution and Social Security, explain the deconstitutionalization promoted by Constitutional Amendment No. 103/2019, and finally, analyze the prohibition of Social Regression. This amendment, under the argument of fiscal balance and system sustainability, promoted profound changes in social security regimes, eliminating guarantees previously ensured constitutionally. The methodology employed was hypothetical-deductive and explanatory, as well as bibliographic and documentary research, with a qualitative approach. As a result, the harm resulting from the flexibilization of social security norms and the regression of rights inherent to human beings, compromising legal security, can be evidenced.