A (In)Disponibilidade do direito de aposentadoria e a desaposentação: a postura dos tribunais superiores sob o viés garantista

Abstract

The present study aims at analyzing, mainly, the (im) possibility of the insured to have their social security rights, especially the pension benefit, through an analysis of national social security legislation, and to explore the feasibility of this retirement provision for the purpose to recalculate their values in order to increase them, through disapproval, by examining the legislative context and comparing with other social security models that differ from what is adopted here. Finally, to investigate the content of decisions regarding disapproval, individual judges, courts, and especially the Federal Supreme Court, such as the attempt to verify remnants of decisions taken by political will or based strictly on legally constituted bases, always ratifying the theory of garantism.