O regime geral da previdência social (RGPS) após a emenda constitucional 103/2019: o retrocesso social nas aposentadorias por incapacidade permanente

Abstract

This monograph seeks to analyze the social setback in permanent disability retirements of the RGPS due to the unconstitutionality of article 26, item III, paragraph 2, of EC 103/2019. From the perspective of this work, the calculation criterion after Constitutional Amendment 103/2019 is the starting point for interpreting the existence of a social setback in permanent disability retirements due to an unconstitutional inequality created by Constitutional Amendment 103/2019, which by instituting social inequalities created a framework of injustice.The methodology is undertaken based on qualitative social research, of a documentary nature, with the analysis of judgments of the Brazilian courts that deal with the unconstitutionality of article 26, item III, paragraph 2, of EC 103/2019 and the social setback of the Constitutional Amendment 103/2019.As main results, it was concluded, through the judgments of the Brazilian courts, for the unconstitutionality of the alteration of the calculation criterion and for the existence of retrocession, since, once a certain degree or dimension of a right is achieved, this becomes an acquired right and it cannot be reduced without promoting the dignity of the human person.