Aplicação da Súmula Vinculante nº 33 e a aposentadoria especial na área da saúde

Abstract

The Federal Constitution provides in paragraph III, paragraph 4 of article 40 that public servants will exercise the right to special retirement under the terms and within the limits defined by a specific law. However, it has been that since the promulgation of the constitution in 1988 until the present day it is subject to regulation by the legislative power. Faced with this legislative omission, several orders of injunction were filed by public servants pleading the granting of the special retirement benefit. In view of this, the Federal Supreme Court decided to declare the existence of this right by issuing Binding Summary 33, pacifying the understanding that the right to special retirement for professionals engaged in activities that undermine health or physical integrity may be exercised even before the specific law edition. For this purpose, the rules of the general social security scheme that governs the special retirement entitlement of private sector workers apply to civil servants, as applicable.