A aposentadoria especial e os reflexos do julgamento do tema 709 do supremo tribunal federal.

Abstract

This work discusses contents related to Special Retirement, one of the benefits provided for in the social security scope, which is granted to workers who are frequently exposed to contact with agents that are harmful to their health or physical integrity, thus being a guarantee of dignity. human. The judgment of Theme 709, of the Superior Federal Court, will be analyzed, regarding the possibility of the right to benefit from Special Retirement in the situation in which the beneficiary continues to carry out professional activities harmful to health. In addition to investigating the impact of the decision that determined article 57, §8, of Law n. 8.213/91, the effectiveness of this judgment regarding the protection of unhealthy workers, and how it affects the rights of insured persons to Special Retirement, based on the premise of the Principle Freedom to Any Work, according to art. 5, item XIII, of the Federal Constitution of Brazil. In addition, the changes that this jurisprudential understanding brought to the Brazilian social security system. Keywords: Special Retirement. Theme 709. STF. Social Security. Constitutional principles.