A teoria dos princípios de Alexy aplicada às reformas constitucionais de natureza previdenciária: a segurança jurídica admite a superposição de regras de transição?

Abstract

Since the Brazilian Federal Constitution inauguration in 1988, changes listed by Constitutional Amendments profoundly transfigured the legal framework and the welfare policy aimed at public servants of the Union. With the purpose of promoting the junction between early and contemporary regimes and to shield a portion of trust and legal certainty to whom, midst the reform, was bound to the former system, transition rules that defined less severe requirements to the fruition of rights were stipulated. In this context, this work lists those legal adjustments and transition rules and, by following Robert Alexy’s principles theory, aspires to perceive if the legal certainty and other correlated fundamental rights related to those servants were correctly protected by such changeover measures. The conclusion achieved by this endeavor was negative: the transition rules during the researched period had limited efficiency and enabled the downfall of rights pertaining to those public servants.