Possíveis impactos da reforma da previdência social brasileira de 2019 para o benefício das aposentadorias especiais

Abstract

Social Security was established with the purpose of protecting workers against social risks such as illness, disability, aging, death, and unemployment, which not only threaten the livelihood of individuals but also that of their dependents. In this context, the Special Retirement Benefit stands out as a provision designed for those exposed to harmful agents in the workplace, whether chemical, physical, or biological, which can cause significant damage to the worker’s health or physical integrity. Over time, this benefit has undergone numerous legislative changes, gradually making access more restrictive. With the enactment of Constitutional Amendment No. 103 in 2019, a new concern arose among workers: the potential changes to the legal framework of the Special Retirement Benefit could further erode their rights. Analyzing this recent legislative change is crucial, particularly due to its long-term implications, especially concerning the eligibility criteria, which may alter previously guaranteed rights and, consequently, change the process of granting the benefit. This research aims to investigate the characteristics and evolution of the Special Retirement Benefit, addressing the modifications introduced by Constitutional Amendment No. 103/2019 and their repercussions. To achieve this, a narrative and documentary review of the literature was conducted, involving a comparative analysis of current and previous legislation, as well as specialized books and scientific articles on the subject. The interpretation of the data and information collected seeks to understand not only the impact of the changes brought by Constitutional Amendment No. 103/2019 on the health and livelihood of workers but also on the broader social context in which they are situated. This research does not aim to exhaust the topic, but through a critical and reflective approach, it seeks to contribute to the debate and the improvement of the regulations governing this benefit, offering new pathways for its future development.