A (im)possibilidade de extensão do adicional de 25% do benefício de aposentadoria por incapacidade permanente a outros benefícios previdenciários: análise do posicionamento jurisprudencial

Abstract

Social Security is a form of protection for vulnerable people in society, protection that is materialized by health, assistance and social security, which fulfills its fundamental character. With EC 103/2019 there were some changes, mainly in relation to retirement models, however, they did not change the protective substance of social security. One of these protections is the granting of a 25% surcharge to those people who need permanent support from a third party due to the impossibility of carrying out basic daily activities. However, currently, this additional is only possible to those who provide benefits for permanent disability. However, in the factual plan, all retirees need this same additional due to some illness. Thus, the National Uniformization Panel and the Superior Court of Justice took a stand in order to allow the extension of this benefit to all retirees, based on the isonomy and dignity of the human person. However, on the other hand, the Federal Supreme Court stated that the Judiciary will not be able to create benefits, denying such extension.