O enquadramento como segurado especial a partir da autodeterminação dos povos de Faxinal/PR

Abstract

The present article aims to, through brief explanations on the characterization of special insured individuals before the Brazilian Nacional Institute of Social Security, according to the Brazilian Ordinary Social Security Law that deals with the subject, together with what – both historically and legally – tradicional people and communities of the faxinais, seek to address an argument that, based on the Brazilin Decree no. 6.949, of 2007, which provides plans for checking and pretecting the rights of the traditional communities and people of Brazil, in addition to the Paraná State Law no. 15.673, of 2007, which formally recognizes the faxinais communities, with their culture and way of living as traditional people, it would be possible, relying on the Certificate of Self-recognition, to inherently classify the residents of these faxinais conglomerates as special insureds, without requiring the further proof delimited in the Brazilian Normative Instruction PRES/INSS no. 128, of 2022, so that the rights effectively protected and those designed by the Constitution of the Federative Republic of Brazil, of 1988, were truly fulfilled, guaranteeing the right to social security under the General Social Security Regime for everyone who identifies themselves historically, territorically and culturally as beloging to this social group, striving for the equity idealized by the constituent in the creation of the Major Law.