Fundamentos da Previdência Social e conjuntura reformista atual

Abstract

This paper approaches the Social Security Institute based on its foundations, so that, in light of this, the current social security reform, known as the Proposed Amendment to the Constitution-PEC 287, is analyzed through the deductive method of research. Considering the characteristics of the Brazilian public protection system, which is compulsory affiliation and tripartite funding (State, employer and employee), the principle of solidarity that gives North to Social Security Law will be analyzed, as well as the creation of the first public insurance in Germany and England, and the constitutionalisation of social rights. Therefore, these fundamentals were incorporated gradually in the course of the Brazilian Constitutions, culminating in the Social Security provided for in the Political Charter in force. However, a reform is under way that will significantly alter the granting of social security benefits, resulting in less worker protection with the justification of reducing the deficit in the federal budget. Thus, the work will show some distortions that cause losses to Social Security and are not supported by the constitutional social security grounds, with the intention of showing an alternative way to flexibilization of social rights.