Concept of permanent exposure to dangerous agents to physical integrity as a requirement for the concession of the special scheduled retirement benefit

Abstract

The Honorable Court of Justice, especially after the judgment of themes 534 and 1031, has been understanding the possibility of granting the special retirement benefit to workers exposed to dangerous situations, even after 04/28/95, provided that the insured presents social security evidence or material element equivalent of habitual and permanent exposure to the harmful agent to physical integrity. In addition, the Court has not admitted that the fact that the insured receives an danger pay for dangerousness work implies the right to the granting of special retirement, as this is a labor benefit. Something more would be necessary, namely, proof of permanence of exposure to the risk factor. Through the hypothetical-deductive method and through jurisprudential research, especially the judgment of themes 210 and 211 by National Uniformization Panel, this article aims to answer the following question:  what is permanent exposure to hazardousness, differentiating from what would be intermittent exposure.