Aposentadoria especial e as alterações da EC 103/2019

Abstract

This study aims to analyze the changes brought to
the granting of the special retirement pension benefit,
under the aspects of the new rules arising from EC 103/
2019. The special benefit aims to protect workers exposed to harmful agents that are harmful to health or physical
integrity. With the pension reform, there was a change in
the preventive and protective nature of this type of
retirement. Since, prior to the reform, what was intended
for its concession was the exposure and fulfillment of the
contribution time in the exercise of special, dangerous and/
or unhealthy activities, for a period of 15, 20 or 25 years.
With the changes made by the Constitutional Amendment,
age began to be seen as a requirement, requiring the
minimum age, moving away from the initial purpose of
this modality, which was to remove the special insured
from working life before health problems developed due
to exposure to physical, chemical or biological agents. The
study concludes that the worker, after years of being
exposed to agents that are harmful to health, upon
reaching the exposure time requirement, is faced with the
new minimum age requirement, imposed by the reform.
The methodology used was the deductive method, as the
means of research was the bibliographic. Finally, a study
of the impacts brought by the Amendment under the
aspect of social and principled setback was carried out.