THE SPECIAL RETIREMENT OF THE PUBLIC AGENTS AND YOURS POLEMIC

• Autor(a) principal: Lacerda, Me. Lourivânia Soares de
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/106
• topic: Aposentadoria Especial. Servidores Públicos. Problema legal. Atuação do Poder Judiciário.; Special Retirement. Public Agents. Problem Law. Performance of the Judiciary.

The article brings considerations about excitement about the special retirement of public agents. This is because, as far as social security is concerned, the Federal Constitution guaranteed to the public agente the right to the referred benefit, leaving, however, to the charge of the Complementary Law the regulation of this matter, and until the present moment there was not the creation of such law , thus generating several doubts regarding the applicability of the programmatic norm provided for in our Political Charter. Because of this, over time, there were many legal changes, normative acts issued by the Ministry of Social Security and Labor, around the subject. Many injunctions were filed with the Superior Court of Justice, and only then, with the issue of Supreme Court Precedent 33, which states that "The rules of the general social security system apply to the public agent, as appropriate. on special retirement referred to in article 40, paragraph 4, item III of the Federal Constitution, until the issue of a specific supplementary law "was given to civil servants the minimum legal certainty with respect to judicial decisions on special retirement.