O labor rural e a indenização no contexto da emenda constitucional nº 103/2019: um estudo sobre os impactos do comunicado DIVBEN nº 02/2021 e da Portaria PRES/INSS nº 1.382/2021 nas aposentadorias por tempo de contribuição

Abstract

The present research aims to identify and analyze the impacts caused by DIVBEN Communication number 02/2021 and Ordinance number 1,382/2021 in the calculation of the compensated rural period, under the context of the Social Security Reform established by Constitutional Amendment number 103/2019. To this end, the starting point is to verify the classification of the special insured and the rural activity capable of being computed as time of service, through indemnity, in retirements based on contribution time, whose measurement of requirements was affected by the changes promoted by secondary normative acts. edited by INSS. Therefore, this study focuses on examining the illegality of these acts. Appropriately, the dialectical approach method and the comparative procedure method were used, as well as research techniques for analyzing legislation, doctrine and jurisprudence were used.