Special retirement in light of EC 103/2019

a reflection on the unconstitutionality of the age requirement for the grant of benefit

Abstract

This article is related to the new age rule for granting the special retirement benefit under the social security reform. Its objective is to analyze the applicability of item I, subparagraphs a, b and c of article 19 of Constitutional Amendment 103/19 and the reasons that make this provision unconstitutional, as well as demonstrate the grounds set out in the Direct Action of Unconstitutionality 6.309 that corroborate the theme, in addition to present the factual and historical context that guide the granting of special retirement. The method adopted for the article derives from a broad bibliographic review of doctrines, legislation and scientific articles, with the method of approach being deductive, considering that the worker's health is its main mechanism and prolonged exposure to harmful agents is a constitutional setback. It can be concluded that the insertion of a minimum age for granting the benefit is unconstitutional, mainly from the reflective analysis of the grounds exposed in the direct action of unconstitutionality 6.309 of 2020.