ACCUMULATION OF DEATH PENSION AND RETIREMENTS IN THE GENERAL SOCIAL SECURITY REGIME AFTER CONSTITUCIONAL AMENDMENT 103 OF 2019

Abstract

Social security is consistently one of the most important rights of Brazilian workers. In the Brazilian context, this has contributed to reducing poverty, increasing income, and changing the economic in the country. Constitutional Amendment 103/2019, known as the Social Security Reform, published on 11/13/2019, became effective from that date onwards a series of innovations both in the "Own Regime" and "General Social Security Regime". From the legal analysis of the new text (social security reform 2019), combined with applicable doctrinal and jurisprudential understandings, and the addition to the mathematical reasoning involved. This will be possible to ascertain in which aspects the new situation reflects positively or negatively on the "pocket" of those who need it so important social protection of the State. It was argued in favor of the issue of the social security deficit, waiver of privileges, combating fraud and saving the public coffers of BRL 1 trillion in 10 years, although it brings a social vision of these points, where the lack of humanity and a vision of the reality of the Brazilian people who work informally, or disregard the different expectations of life across the country, and finally demonstrating that the new system of contributions has no effect on the truly rich people. Throughout this article, we hope to bring without any value judgment which is the better of the two points of view, understanding the bonus and burden of this constitutional amendment.