A reforma da previdência: sob a ótica do princípio da vedação ao retrocesso no âmbito da aposentadoria e da pensão por morte

Abstract

The objective of this paper is to analyze the Pension Reform under the optics of the principle of the prohibition against retrocession in the scope of retirement and death pension. Understanding the Pension Reform contributes to reflect on the possible changes in the rights hitherto guaranteed by the legislation and how this will affect the lives of the insured persons and dependents of the General Social Security System. The general objective of this paper is to analyze the proposal of Amendment to Federal Constitution No. 287/2016 in the light of the prohibition against retrocession, which proposes to carry out a reform in the National Social Security System, as well as the consequences of the possible promulgation of the proposal. In order to do so, we used information collected from the doctrine, scientific articles, text of the PEC that proposes the reform and legal site of ANFIP. As a result it was found that even though government remains biased to defend the Amendment, as well as the suppression of social rights, that will not end the national financial issue. On the contrary, in the long run it will be responsible for the retreat of social advances, and for fostering serious socioeconomic problems, the end of the PEC will therefore be a complete social disaster in all its extension.