The (IN) constitutionalities of the rules for concession of special retirement brought by EC 103/2019

Abstract

The Special Retirement is intended for workers who provide services in certain activities that harm their health and physical integrity. This model was born with the purpose of protecting and indemnifying, aiming to compensate those individuals who exposed their health to risk for the benefit of the development of the entire society. As an example, health professionals, who risk being contaminated by viruses and bacteria to protect the lives of others, being at the forefront of combat against threats to human life and nothing fairer than compensating them with differentiated and advantageous rules in the face of other activities. Thus, this article intends to analyze the definition of social security, highlighting this institute in the current Federal Constitution, the definition and origin of Special Retirement, the impacts that the Social Security Reform brought to it and a parallel between these changes and the Federal Constitution. The subject deserves studies and many reflections, as it is about rights that were already conquered for a long time and with just one amendment to the constitution, it brought countless losses, not only in relation to health, but also financially to all those who intended to retire in this category.