A distinção entre os gêneros nas regras do Regime Geral da Previdência Social do Brasil: considerações acerca da possibilidade de unificação dos requisitos

Abstract

The present work aims to analyze the issues related to gender equality and the prescriptions of social security benefits, - which establish milder requirements for females -, from the perspective of the characteristics and purpose of the Brazilian social security system. This study proposes, therefore, to examine the reasons and justifications for this differentiated treatment between the sexes in the rules of benefits that are affected by the aforementioned distinction, with emphasis on the minimum age necessary to acquire retirement. In this way, we will seek to relate the trajectory of some norms of international law and Brazilian legislation, with the social history of female discrimination. The study will be carried out through the exposition of data and concrete research, in order to discuss whether there would still be grounds for maintaining differentiated criteria, due to gender. In the end, it is concluded by the impossibility of extinguishing the positive discrimination conferred to women in the rules of the General Social Security System, taking into account the current Brazilian scenario