A possibilidade de concessão do adicional de 25% aplicável à aposentadoria por invalidez às demais aposentadorias do regime geral de previdência social

Abstract

This work has the objective to investigate the possibility of extending the additional 25%, commonly applied only to the amount of disability retirement, the other retirements General Social Welfare, in view of the social risk covered by this benefit, which is the need for ongoing assistance of another person to perform daily activities by the retiree, given its involvement in major disability. The search will start from the analysis of different jurisprudential understandings on the subject, for to assert themselves after the lack of standard governing the granting of additional retirees by age, contribution time and particular time constitutes regulatory gap, as well as no need to borrow interpretation according to the Constitution the legal device that provides the extra (article 45 of Law 8.213 / 91). The study is divided into two chapters, the first of which will be featured additional 25%, the problem presented by jurisprudential divergence and trace the theoretical framework for the discussion; in the second will be directly answered the research problem, demonstrating the possibility of further extension through the use of analogy, given the existence of gap, and by means of interpretation according to the Constitution, since the offense to the constitutional principle of equality perpetrated by literal and exhaustive interpretation of Article 45 of Law 8.213 / 91.