Direito de opção do ex-militar da União ingresso no serviço público federal após a criação da previdência complementar que trata os §§ 14, 15, e 16 do art. 40 da CF/88

Abstract

The purpose of this monograph sets out the possibility from a federal former military, whom tooks in a federal public function without breaking the bond between two careers, to pratice the right of option in accordance with paragraph 14, 15, and 16 in art. 40 of the Brazilian Federal Constitution of 1988 after the effective implementation of Complementary Social Security Fund for federal public servants. To achieve this aim, there were used the deductive approach method, from the viewpoint of other civil public servants, whom are granted that right, and historical procedures, in which focus the analysis since the Complementary Social Security Fund was created, of the distinctive position occupied by military from the armed forces in relation to the others civil servants and employees, as well as the constituent reformer intention when creating the new social security regime. The denial of that alleged right made by both administration and the recent decisions made by the Federal Court, in a principle of isonomy legal viewpoint, will also be exposed. Finally, it is concluded that the military has the right to exercise the option given the article 100 of Law 8112/90. The data presented was obtained from the analysis of doctrinal studies, legislation and jurisprudential material.