The Supreme Court Federal and Frankenstein Syndrome in Social Security Law: A Precedent Binding Unconstitutional

The Federal Constitution of 1988 is silent as to section III of paragraph 4 of article 40, providing for the right to special retirement to public servants, which is why the Supreme Court issued the Binding Precedent 33, ensuring that benefit social security until Law supplement regularly. Social Se...

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Bibliographic Details
Main Author: Marco Cesar De Carvalho
Format: Article
Language:Portuguese
Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2016-10-01
Series:Revista de Direitos Sociais, Seguridade e Previdência Social
Subjects:
Online Access:http://www.indexlaw.org/index.php/revistadssps/article/view/481
Description
Summary:The Federal Constitution of 1988 is silent as to section III of paragraph 4 of article 40, providing for the right to special retirement to public servants, which is why the Supreme Court issued the Binding Precedent 33, ensuring that benefit social security until Law supplement regularly. Social Security have contributive character and should observe criteria that preserve financial and actuarial balance, with its own rules for the General Regime and the Regime Own Social Security. This study is underpinned by the jurisprudential research that originated the precedent and in the references indicated to an end.
ISSN:2525-9865
2525-9865