O direito à desaposentação como materialização da plena segurança social

Abstract

The retirement is a social security benefits, par excellence, and it is a right of those obeys statutory conditions to receive the benefit. Currently, several retired people return to work to improve familiar income, contribute financially towards common fund. The renounce on retirement is a concept created by doctrine e jurisprudence, which enable retired person waive his benefit and add the new contribution period in order to acquire a best entitlement, with hightest value. The undoing of retirement aim at increasing the social provision allows the improvement of living standard of the insured, giving more dignified living conditions and social welfare. The institute, however, lacks normative prediction, therefore has established fruitful discussion in doctrine and jurisprudence. National courts joined to three positions about the matter: one against and other two inclinable, but one of these required the return of amounts received under the original term of the benefit. Despite the issue still behave dissensions, recent judgment rendered by the Superior Court has steadily uniformed national jurisprudence in the sense of admitting renounce on retirement without the return of monies received.