REINCORPORACIÓN, DERECHOS ADQUIRIDOS Y SOSTENIBILIDAD DE LA SEGURIDAD SOCIAL: CONFLICTOS ENTRE GARANTÍAS INDIVIDUALES Y LA CRISIS DEL SISTEMA BRASILEÑO DE SEGURIDAD SOCIAL

Resumen

The present study seeks to analyze the institute of retirement from the perspective of acquired rights and the impacts it would generate on the Brazilian social security system. The general problem of the research is presented by questioning the implications of unretirement and how it can influence the Brazilian social security economic system. Such research proves to be relevant, as through it we can extract that unretirement is an institute that allows retirees who continue to work and contribute to social security, renounce the benefit they receive to request a new one, taking advantage of all subsequent contributions. This can generate significant implications for the system, it is clear that this institute can generate an increase in social security expenses, creating an imbalance in the public economic system, considering that the new contributions would be disproportionate and insufficient to match the increase in the value of retirement. Thus, the obvious consequence is the weakening of the social security system, facing financial sustainability challenges. The research is qualitative in nature and uses the bibliographical research method, with the main authors being Hermes Arrais Alencar, Gustavo Filipe Barbosa Garcia, dentre outros, as well as the case study for the analysis of the votes of the ministers of the STJ in the judgment of Special Appeal nº 1,334,488 and of the STF in the judgment of Extraordinary Appeals nº 381,367, 827,833 and 661,256. The approach method is the inductive method, while the procedural method, in turn, is the monographic method.