APOSENTADORIA ESPECIAL POR ADICIONAIS DE RISCOS- DIVERGÊNCIA DE CRITÉRIOS TRABALHISTAS E PREVIDENCIÁRIOS APÓS REFORMA PREVIDÊNCIÁRIA

Abstract

The present work aims to point out some contradictions that the Social Security Reform regulatory norm imposed before the labor legislation on the issue of protection of workers' health in their work environment. For this purpose, the documents necessary for the granting of special retirement, in the modality of unhealthy and dangerous conditions, were searched in official documents. Under the grounds of Law 8,213 / 1001 articles 57 and 58, a synthesis of the legislative evolution of special retirement was carried out, verifying what are the requirements for policyholders who work in the workplace exposed to harmful agents harmful to health and physical integrity . It was also verified how its concession occurs before and after the Social Security Reform, detecting the controversies due to the violation of some points that the Social Security Reform made possible in the labor legislation. Therefore, through a bibliographic and documentary research, this study exposes the legal aspects, the difficulties encountered by taxpayers regarding the granting of the benefit and the understanding of the Courts regarding the Social Security position. There was great controversy and great difficulty in granting special retirement after the Social Security Reform, understanding that it is being a path prone to the extinction of this much-needed benefit for the protection of workers' health.