Brief study on the “desaposentação” institute
DOI:
https://doi.org/10.46901/revistadadpu.i09.p%25pKeywords:
Retirement. Resignation. Solidarity principle. Actuarial balance. Legal uncertainty.Abstract
This paper aims to examine the legal aspects of the “desaposentação” institute and its impact on society. The “desaposentação” is defined as the voluntary act of the insured who seeks reversal of the retirement they have implemented for the granting of a new benefit that is more advantageous in the same or in another pension scheme. The theme, pretty recent, has not yet been pacified by law, nor widely discussed by scholars. The feasibility to regulate this pension branch institute brings about several discussions on this topic, which shows its great complexity. The main objective of this study is to address the issues surrounding the topic, as well as the impact of their possible regulation covering their most relevant characteristics, guiding principles, strengths and weaknesses and positions of the various Courts.
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