O direito à aposentadoria especial dos servidores públicos estatutários detentores de cargo efetivo e a carência de regulamentação do §4º artigo 40 da Constituição Federal Brasileira

Abstract

The present work analyzes the right to special retirement of public servants referred to in § 4 of Article 40 of the Federal Constitution and the impact of the lack of legal regulation that the lives of countless workers statutory. It is observed that the device mentioned terminating a rule of limited effectiveness to require regulatory infra, that absent hinders the realization of the right of the entire working class. It is known that the special retirement is entitled to all workers, regardless of the Pension Scheme membership, however, the inertia of the legislature to edit complementary law regulating it undermines the principle of equality enshrined in the caput of Article 5 c / c chapeau of Article 7, both the Federal Constitution. In this sense, with the aim to supply that omission, the Supreme Court began to act first, by the judgment of an injunction, special attention to the number 721/DF, and now through the Binding Precedent No. 33, so to remedy the legislative lives.