O cômputo do tempo de serviço rural do segurado especial como carência para a aposentadoria por idade mista

Abstract

This paper discusses the requirements for computing the time of rural service of special insured worker for purposes of the waiting period in hybrid retirement age provided in the article 48, paragraph 3 of Law 8,213/91. For this purpose, the deductive method was used in this study starting from an overview of the Brazilian social welfare in order to reach specific conclusions on this subject. Firstly, the historical context of social welfare was analyzed, as well as its current overall structure. Secondly, a further study was performed by analyzing the welfare institutes related to the topic. In addition, the position of the doctrine of both National Institute of Social Insurance (INSS) and the case law on the issue was observed in order to verify the dissension between them. Lastly, the Brazilian legal system was analyzed, encompassing laws and principles of which was possible to conclude that computing the time of rural service in the waiting period of hybrid retirement age for the special insured must be allowed, even if the worker does not present this qualification at the moment of application for the benefit or in the implementation of its requirements. Nevertheless, it is considered possible that the rural work period prior to the enactment of Law No. 8,213/91 is included in the sum.