A Previdência Social no estado contemporâneo Fundamentos, financiamento e regulação

• Ano de defesa: 2011
• Autor(a) principal: Ibrahim, Fábio Zambitte
• Orientador(a): Binenbojm, Gustavo
• Banca de defesa: Sarmento, Daniel Antônio de Moraes , Balera, Wagner , Ribeiro, Ricardo Lodi , Ferreira, Gustavo Sampaio Telles
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade do Estado do Rio de Janeiro
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Centro de Ciências Sociais::Faculdade de Direito
• País: BR
• Palavras-chave em Português: Previdência social; Seguridade social; Aposentadoria
• Palavras-chave em Inglês: Social security; Social insurance; Retirement; Regulatory state; Fundamental rights; Social rights; Regulations
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO
• Link de acesso: http://www.bdtd.uerj.br/handle/1/9235

The Brazilian social security system, despite being one of the oldest and most traditional models of social protection in Latin America, not far from European models as its genesis, is going through difficult times. In a context of rapid population aging, an accelerated reduction of fertility and new realities of work, in which the manpower employed lose their space, the traditional model of coverage, Bismarckian, needs revising in order to not only adapt to new demographic assumptions, but to allow an effective universal coverage. To this end, we adopt as the basis for a new model, the three social justice dimensions - need, merit and equality. The first aims to ensure that anyone within the social needs receive a minimum payment to ensure the basic standard of living. The equality dimension intents to preserve the general well-being, compatible, to some extent, with the enjoyed during the active life. Merit involves providing higher benefits to those who, having present consumption reduced, select preserving part of its revenue for the future. The first two dimensions are, in the proposal, organized by the State in mandatory pillars and financed mainly in a pay as you go system. The financing model adopted, in the long term, has proven more secure and more isonomic than models capitalized. The demographic issues may be solved through new age limits for retirement and, also, encouraging the birth rate, with new social welfare services, including kindergartens and preschools. The third pillar, based on individual merit, is the pension funds, privately held, independent and voluntary. Here, the funding suggested is the capitalization, in order to prioritize the performance and efficiency, with positive externalities for the economy and society. The risk-taking is an acceptable alternative due to the subsidiary role of this pillar. In the two first pillars, the proposed model will be financed only by taxes, putting an end to social contributions, which lose the importance in a universal model of protection. Switching from group solidarity to social solidarity and, as a consequence, the contributions come to an end, being replaced by taxes. Even the second pillar, which aims to pay benefits correlated with the earnings of labor, will be financed by additional income taxes. This system is far simpler, effective, and stimulates the formalization of the revenue from the people. The management of social security model, in all segments, will have strong state regulation, but with effective stakeholder involvement, providing safe distance, where possible, from forms of political interference and capture. The pension regulation, since disciplined and executed properly, will allow the pillars proposed work in harmony.