A reforma da previdência no Brasil e a dignidade da pessoa humana: uma perspectiva à luz do sistema interamericano de direitos humanos

Abstract

The social security is defined as public insurance designed to protect the economically active population, in situations of contingencies, in which the protected person is unable to support themselves or their dependents. Within the scope of the Federal Constitution of 1988, it is included among the fundamental rights and guarantees and is based on ensuring the human dignity. It is a social right that requires an effective action by the State to promote its full exercise. Brazil participates in the Inter-American Human Rights System since its inception, and must therefore respect its norms, including with regard to social security. The legislative framework of the Inter-American Human Rights System guarantees for all people a decent social security, based on progressive development. In this sense, it is necessary to establish and operate a pension system that works properly in practice. In Brazil, and in various parts of the world, social security is the target of reforms. Since the 1990s to the present-day, 55 countries have already promoted changes, either in terms of the minimum age or the value of benefits. Therefore, the question is: Does the social security reform implemented in Brazil, in the administrative, managerial, collection and expense spheres, have the human dignity as a priority? The analysis of this subject seeks to answer this question, especially based on the protection guaranteed by the Inter-American Human Rights System and it seems to indicate that it is not. The reforms imposed in the social security protection system in Brazil distance themselves from the human dignity, because their foundations and objectives do not include the protection of a dignified life, but clearly pursue the objectives of balancing the financial and economic system of the Brazilian State. The balance of public accounts and economic and social development are the bases for reforms and imply the extinction of rights, with the imposition of requirements that hinder access to benefits. Thus, there is a legal conflict in the new social security system in Brazil, by the Constitutional Amendment 103/2019, in view of social security protection with the guarantee of human dignity, in the light of the Inter-American Human Rights System. The methodology used to develop the work are bibliographic and normative research, with the hypothetical-deductive method, and the theoretical background is the International Human Rights Law.