Acumulação de benefícios e a provável inconstitucionalidade da aplicação dos redutores

Abstract

The discussion regarding the accumulation of social security benefits gained emphasis with the advent of the social security reform promoted by Constitutional Amendment no. 103, of 2019, due to the pecuniary restrictions imposed on pensioners and which severely impact social protection within the scope of the General Social Security Regime - RGPS or the Special Social Security Regimes - RPPS, or even in the Military Social Protection System - SPSM . The joint receipt of retirement benefits and death pension was not prohibited, but only the applicability of a reduction for the joint receipt of these benefits, when the death pension is established by the spouse or partner. There was no concern on the part of the legislator to preserve the benefits granted prior to the entry into force of the aforementioned Reform Amendment, which had already entered the social assets of the beneficiary, insured or dependent, constituting an offense against the principle of human dignity, as well as the guarantee constitutional status of acquired rights and the irreducibility of the value of benefits. No less important, the brutal reduction in earnings disrespected the contributory system, to the detriment of the contributions made and the counterpart rule.