A previdência no Brasil em tempos de reforma: adequação à realidade ou necessidade de superação de um modelo?

Abstract

The purpose of this research is to study the social security system constructed by the Federal Constitution of 1988, in order to verify whether the social security reforms promoted address the social risks protected or whether they constitute changes that result in social retrogression to the fundamental right to social security. It seeks to analyze the adequacy of the social security system to the risks that change over time and give rise to protective measures that result in social security benefits. The amendments sometimes prove to be much more a measure for the protection of the State than of the beneficiary and the needs arising from the way in which the society at risk lives. The development of the theme also allows us to discuss whether the model currently applied in the constitutional text is compatible with Brazilian society and its late development. The question posed is not only the existence of a correlation between the social risk originally planned and the existing social security benefits, but how, from the deepening of the theme, the system can be re-adapted and improved over time, subject to the limits imposed by the application the principle of legal certainty and the prohibition of social retrogression. With this, it is not sought to overcome the theme, but from a new perspective allow the reflection of the problem and the presentation of contributions to the normative improvement