Análise sobre a ocorrência de afronta ao princípio da irredutibilidade dos benefícios previdenciários decorrentes dos reajustes anuais concedidos

Abstract

A significant number of Brazilians currently living with proceeds from Social Security due to retirement, whose value on the date of grant of the benefit was greater than the minimum wage and that with the passage of time are faced with significant reductions when annual adjustments, which a way for equivalence with the minimum wage featuring real financial losses. In this sense, this research aims to analyze, through a case study, based on a worker who contributes to the Social Security with five minimum wages, the receipt of which was granted in August 2008, performing from year 2009 to 2014, successive annual corrections adjustment of the benefit, the official rates of Social Security in order to make sure if there affront to the principle of wage irreducibility established in the Social Security Act. So you want to know: the reduction in wage equivalence suffered by retirees with benefits above the minimum wage affront the principle of wage irreducibility of the effective legislation. In order to achieve the goal we used the descriptive research, literature, case and qualitative study. The analysis performed aims to determine the value of the pension benefit you are entitled to the insured pension that contributed to the security with value above the minimum wage; calculate each year from the year following the granting of the benefit of adjustments; demonstrate equivalence for the minimum wage the value of the benefit of the deferred retirement and the possible differences by equivalence of minimum wage retirement adjusted annually. It is observed that the readjustment of annual benefits in amounts greater than the minimum wage, is based exclusively on accumulated INPC index, and thus will be held equivalences with the minimum wage demonstrating reductions in retirement, but also demonstrating benefit of the preservation of value on the nominal retirement, not so happening affront to the principle of the irreducibility of the benefit.