O argumento financeiro no direito previdenciário brasileiro: reflexos na atuação legislativa e judicial

• Autor(a) principal: Ferreira, Carlos Vinicius Ribeiro
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19472
• topic: Social Security; Financial Argument; Cost of Rights; Previdência Social; Argumento Financeiro; Custo dos Direitos; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

This dissertation aims to investigate the potential misuse of the financial argument with the aim of weakening or reducing public social security policy, by the Executive, Legislative and Judiciary branches. The financial or budgetary argument translates into statements of insufficient resources when proposing and processing reforms, as well as the judicial analysis of social security theses, devoid of real elements that point to the need for contingency, highlighted by a possible vision of Social Security as a representative of mere expenditure, regardless of its return to society, which would not occur with the so-called traditional rights of freedom. To this end, several methodological contributions were used, so that the legal-comprehensive approach was adopted, through the use of the analytical procedure of decomposing a legal problem into its various aspects, relationships and levels; and historical-legal, investigating the origin of phenomena in a temporal relationship of search for causes and effects and a permanent succession of facts. The legal-prospective aspects are also adopted, with the aim of identifying future trends in the use of the financial argument, as well as the legal-propositional one, which does not constitute an autonomous method, as it concerns any and all applied social science research, but which stands out to explain that it is intended to question a norm, a concept or a legal institution, with the aim of proposing concrete legislative changes or reforms. The research method chosen was the bibliographical one combined with the documental one, being an exploratory and descriptive research, with the scope of providing an overview and close to the use of the financial argument in social security policies, delimiting a new vision of the problem from the analysis of possible prognoses. In this way, it was possible to identify that the financial aspect of social security programs is something that accompanies social protection since its genesis in the country, with different measures of increased revenue and decreased coverage over time, with the discourse of an inflated deficit, for several times, due to the lack of contribution due by the Union. The echoes of historical formation reach the current context of social security policy, with a lack of transparency in the alarming and questionable data that usually accompany proposals for reforms and judicial demonstrations. It was identified that it will not be possible to deal seriously and reliably with social security changes without a transparent instrument and broad participation in the propositions, envisioning the recreation of the National Council of Social Security as an important tool to start the reconstruction of a public debate around the functions of Social Security and the reasons for its reform.