Inviabilidade da desaposentação no regime geral: uma análise dos óbices jurídicos e procedimentais a sua concessão

Abstract

This work pretend to analyze the legal and procedural viability of unretirement institute, which means to renounce the retirement and then request another one with more benefits. Therefore, it was necessary to examine the origin and concept of Social Security, as well as the existing retirement species in the current Brazilian law. Moreover, necessary has also examine the concept of unretirement detail and then the relevant arguments that guide the discussion about the matter, promoting a systemic examination based on the social security and constitutional rules. Current jurisprudential positions about the subject were presented, as well as the solution given by Spanish law to the case, identifying the potential application in the Brazilian law.