A superação do caput do artigo 103 da lei n. 8.213/1991: reconhecimento do direito adquirido ao benefício previdenciário mais vantajoso

Abstract

The present work aims to analyze the period of decadence as to the recognition of the acquired right to the most advantageous social security benefit, to examine what is the best way to guarantee and guarantee the beneficiary in the light of the exegesis of the caput of article 103 of Law No. 8,213 / 91. For this, a bibliographical and documentary research was carried out, using the deductive method in face of the problem, since it is convenient to analyze the information that leads us to the specific conclusion. In view of what evidences a treatment of the decadent term, it can be observed that the object of study started from the Magna Carta that erected the acquired right to a constitutional guarantee. Necessity, it is mandatory that the decay fulminates the social security benefits of the proper Social Security regime that were granted before the new wording of the caput of article 103 came into effect, as it is mandatory to comply with constitutional rules for the protection of rights and interests in the face of non-retroactivity of laws, safeguarding legal certainty, so that the law will not prejudice the acquired right. In the end, this paper exposes the positions of the Supreme Federal Court (STF), Superior Court of Justice (STJ) and the National Uniformization Panel (TNU), not with regard to the recognition of the acquired right to the most advantageous social security and the term decadential.