A impossibilidade da desaposentação: uma análise do posicionamento do Supremo Tribunal Federal

Abstract

The scope of this article is to analyze the main impairments to the Unretairement on the Brazilian juridical scenario under the understanding pronounced by the Federal Supreme Court about the matter. In order to do so, it was needed to initially approach the notion of Social Security, as well as the right of retirement, included on a social protection systematic. In a second moment, it was presented the historic of the institute on the Brazilian law, its concept and the examination of the act of renouncing and its effects due to the abolishment of the benefit perceived by the retired in order to receive a better one. It was also analyzed the absence of legal prediction about the matter, the injury to the principles of solidarity and to the actuarial balance of the Social Security System and the incompatibility with the PAYG (Pay as you go) scheme, which made the Supreme Court to guide for its impossibility.