SPECIAL RETIREMENT AND THE DIRECT UNCONSTITUTIONALITY ACTION Nº 6309: ELEMENTS FOR A CONSTITUTIONALLY APPROPRIATE RESPONSE elementos para uma resposta constitucionalmente adequada

Abstract

Given the promulgation of the Constitutional Amendment nº 103/2019, which substantially changed the special retirement benefit rules, the Direct Unconstitutionality Action nº 6309 was filed in the Federal Supreme Court, which discusses the constitutionality of these changes. This article seeks to obtain elements for an adequate response to the Constitution in said action. To achieve this objective, we followed the following path: 1) we turned over the linguistic ground on which the tradition of special retirement is based, approaching the concept of risk (society) and carrying out an archeology of the historicity of special retirement, based on legislation and the jurisprudence of the Federal Supreme Court, in order to demonstrate its preventive nature against social risks; 2) we discussed the changes promoted by the Constitutional Amendment nº 103/2019, pointing out their motivations and the influence of the ideology of neoliberalism on pension reforms; 3) we described one by one the changes promoted by the Constitutional Amendment nº 103/2019 in the special retirement rules; 4) we discussed the necessary elements to obtain a constitutionally appropriate response to each of these changes.