Cassação de aposentadoria: uma análise exploratória acerca da constitucionalidade do instituto

• Autor(a) principal: Rodrigues, Jeyssy Amazília Thompson Meireles
• Data de Publicação: 2020
• Outros Autores: Dutra, Vitor Gilcione Nunes
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1666
• topic: Inconstitucionalidade; Cassação; Aposentadoria; 6.01.00.00-1

The withdrawal of retirement from the civil servant who, while on active duty, committed a disciplinary infraction punishable by the penalty of dismissal is a topic that deserves deep reflection on its constitutionality. Thus, this research addresses the historical evolution of social protection systems, among which social security is highlighted for being the model currently adopted in Brazil. A more detailed analysis was also carried out on the historical perspective of Social Security and the benefit called retirement, going through concepts related to the theme, always seeking to make brief considerations about the incompatibility of the sanction that removes the earnings of inactive employees with the rights ensured by the legislation especially in view of the advent of the contributory and mandatory nature of the current social security system, the need to safeguard the dignity of the human person, proportionality in the application of administrative sanctions and the right acquired by civil servants who have met all the legal requirements necessary to enjoy the social security benefits. It should be noted that the judgments handed down on the subject were analyzed, and it remains to be noted that the judgment of ADI 4882 is still pending on the matter, so that it is not expected to exhaust the discussion, but rather to bring a critical analysis on the institute of cassation of seeking to demonstrate its incompatibility with the Brazilian legal system.