A irrepetibilidade dos valores percebidos na aposentadoria renunciada diante da desaposentação

Abstract

The present work has the scope of examine the enablers and implications of repeatibility or unrepeatability of perceived values by renounced retirement in the "cancellation of retirement", consonant recent judgments of Brazilian courts and updated doctrine. The "cancellation of retirement", although not known in law, but also not forbidden, emerged and propagates in the Brazilian doctrine and jurisprudence as an institute that allows the insured retiree, which continues laboring and contributing to Social Security, the renunciation of retirement for new and more advantageous retirement purposes. Thus, its recognition would culminate in several legal implications and millions of beneficiaries across Brazil. In this diapason, after first go through a historical development of social security in Brazil and in the world, there is the possibility of application of the institute of "cancellation of retirement" in brazilian social security law. And finally, about the issue of the repeatability and unrepeatability of perceived values in front of the renounced retirement, the conclusion is that is unnecessary the devolution of the values, having founded elements for discussion in the judicial and legislative ambit.