Sobre a contagem recíproca do ex-trabalhador rural empregado: Uma análise da contradição excludente sedimentada pelo julgamento dos recursos repetitivos – RE 1.352.791 - SP E 1.682.682 – SP

• Main Author: de Cerqueira César, Guillermo Rojas
• Publication Date: 2023
• Format: Article
• Language: por
• Source: Revista da Defensoria Pública da União (Online)
• Download full: https://revistadadpu.dpu.def.br/article/view/558
• topic: Trabalhador Rural.; Contagem Recíproca.; Exclusão.; Previdência Social.

It is an analysis of how the social security law faces the issue of the insured rural worker who was employed, demonstrating the difficulty of counting the rural time worked when linking to a specific social security system in the urban environment, The analysis of the problem is based on the observation that the jurisprudence of the Superior Court of Justice, at first, was favorable to the inclusion of rural workers in urban areas, computing the rural period for all purposes. It so happens that, with the judgment of Theme 609, also by the STJ, the most perverse facet of the Judiciary Branch is revealed, in the sense of enacting the public policy of exclusion by making it impossible for the worker to be included in the new social protection regime. Demonstrating the contradictions of judicial decisions and unveiling the criticism of judicial institutions seems to be the remote objective of the work, and the next objective is understood as the path of social security protection in Brazil being increasingly distant.