Princípio da igualdade no estado democrático de direito: a impossibilidade de distinção entre as espécies de aposentadoria por invalidez permanente

Abstract

The present end-of-course paper has the objective of dedicating itself to the analysis of changes perpetrated by social security reform and the recrudescence, fruit of a social austerity policy, in order to reduce the values of benefits payable by the social security authority, regarding the social contingency of permanent disability and its distinctions concerning the reason why disability occurred. Besides the mere description of the alterations, equally relevant is the verification of the non-adequacy of the modifications, which came about by an Amendment to the Constitution, with our legal system, in view of the fundamental rights at stake, with special emphasis on the rights of the existential minimum, human dignity, equality and the prohibition of social regression. Finally, the appropriate institutional responses will be indicated in order to solve the constitutional antinomy.