A aposentadoria por idade do trabalhador rural e as recentes alterações legais

Abstract

The present work analyzed the situation of rural workers classified as special insured of the Brazilian social security, focusing on the benefit of Rural Age Retirement and its beneficiaries. Initially, the historical process and the evolution of Brazilian social security and late inclusion of rural workers in the Brazilian legal system and its standardization were addressed. More specifically, and drawing on bibliographic and documentary data, the discourse was set in the context of pension reform presented by PEC No. 6/2019. A discussion was launched on the concept of special insured and the peculiarities of this category and the very resignification that the retirement benefit for rural age has suffered in recent decades, notably with the advent of the 1988 Charter and the inclusion of new rules such as those that gave rise to the hybrid retirement and the expansion of the concept of special insured and the inefficiency of the Public Administration leading to the increase of the judicial demands in which the Federal Constitution provisions are complied with. We found ways that took into account the Brazilian demographic reality of aging with the implications imposed on the Brazilian state facing the need to balance spending through more advantageous collection and costing methods that can balance the social security system, without penalizing the weaker, seeking reinforce the importance of a protective view of the special insured category.