O efeito extintivo da aposentadoria voluntária sobre o contrato de trabalho como medida de efetividade de direitos constitucionais fundamentais

• Ano de defesa: 2009
• Autor(a) principal: Almeida, Fabiano de
• Orientador(a): João, Paulo Sérgio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Aposentadoria voluntária (espontânea); Aposentadoria > Brasil; Contrato de trabalho > Brasil
• Palavras-chave em Inglês: Retirement; Voluntary (spontaneous); Labor contract
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/8860

The following study was prepared aiming the analysis of the effect brought by the concession of pension incident upon the individual labor contract, specially concerning the voluntary pension, under the continuity of the labor contract and the constitutional rights. The matter, here debated, considered the study of the Constitutional Law, the Labor Law and the Security Law, based on the need of maximum biding authority of the constitutional laws. In the first chapter, we examined the conception of the Law Science and its interpretation. In the second chapter, we presented a brief study about the Security Law s autonomy regarding the Labor Law, as well as how the social security, and specially the pension, is treated by that legislation. The third chapter seeks to establish the foundation of the continuity of the labor contract and its treatment in Brazilian law. The fourth chapter brings the Portuguese and Spanish legislations, in order to examine how the matter is addressed in others countries. It also presents some statistics data from Portugal and Brazil to demonstrate that the payment of the benefits in Brazil is unable to fulfill the primary needs of the beneficiaries and forces them to return to work after the retirement. The following chapter portraits the historical evolution of the legislation and jurisprudence, outputted over the years, and the discussions occurred. We equally study a bill about the matter introduced to the Brazilian Congress. In the sixth chapter, the reader will be taking knowledge of the Brazilian Constitutional Court s (Supremo Tribunal Federal) interpretation about the effect of the avail of the pension over the labor contract and how its decisions were received by the others common courts. In the final chapter, we will discuss the need of maximum infliction of the right to work and will examine specially the extinction effect of the avail of voluntary pension over the labor contract in order to attribute effective biding authority to fundamental rights, in which are included the right to work. We concluded that the Brazilian law allows us to refute the thesis about the maintenance of the labor contract after the retirement, despise the decision about the matter delivered by the Constitutional Court