PENSION REFORM AND ITS SOCIAL IMPACTS: CONSIDERATIONS ON CONSTITUTIONAL AMENDMENT NO. 103/2019 considerações sobre a Emenda Constitucional n° 103/2019

Abstract

This article analyzes the social impacts of the pension reform promoted by Constitutional Amendment No. 103/2019, especially regarding the protection of vulnerable groups and the effectiveness of social rights in Brazil. Social security, as a fundamental right and an instrument of social justice, has undergone significant changes that altered access criteria, benefit calculations, and transition rules, under the justification of fiscal balance. The method used was basic, bibliographical, and exploratory research based on doctrinal work

s, legislation, and academic debates. The study discusses the compatibility of the reform with the constitutional principles of human dignity, equality, and social justice, highlighting the negative effects on informal workers, low-income workers, women, and other groups in vulnerable situations. The general objective is: To analyze the social impacts of the pension reform promoted by Constitutional Amendment No. 103/2019, focusing on the social protection of vulnerable groups and the effects on access to retirement and other benefits. Furthermore, the specific objectives are: a) To study the historical and political context that led to the approval of Constitutional Amendment No. 103/2019. b) To identify the main changes promoted by the pension reform. c) To assess the effects of changes in the rules for access to retirement for low-income workers, women and public servants. d) To verify the compatibility of Constitutional Amendment No. 103/2019 with the constitutional principles of human dignity, social justice and equality. It is concluded that Constitutional Amendment No. 103/2019 represents a clear social and legal setback, by making fundamental rights more flexible and increasing inequalities, requiring critical reflection on its content and effects.