A aplicação do acordo multilateral de seguridade social do MERCOSUL, no Brasil: acertos e desacertos

Abstract

The Contemporary Social Security rights is the product of cultural, social, historical and geopolitical factors in the 19th and 20th centuries, responsible for revealing human vulnerability face to of various harmful events and to put the nations on alert situation for the practice of actions and preservation of the dignified existential minimum, in order to promote the well-being and social justice state, based on the universality of coverage and care principle. However, these factors are not only impacting for national legal systems, but because globalization, responsible for the contemporary institutional structures transformations, covers and their reflections to the regional integration processes to promote and guarantee the fundamental human rights of Social Security, especially in MERCOSUR. Thereby, this dissertation analyzes this transformation and the need to implement actions for the development of the welfare state and social justice. This because, the States Parties do not neglect that economic development will be achieved with respect to the preservation of the dignity of the human person, improvement of the living conditions of the inhabitants and social justice. The dissertation objectives are to demonstrate the systematization of social protection having as a documental basis the Assumption Treaty and the Multilateral Social Security Agreement of MERCOSUR and their Administrative Regulation for the Agreement implementation, and how these are observed on the delivery of the life well-being to bloc migrants who are exercising labor activities in several States Parties. The aim is also to analyze other related social rights regulations, such as the Residency Agreements, Social Employment Declaration and Citizenship Statute. This allows the presentation´s social protection of the blocks network, which are the misfortunes covered, their benefits, their respective beneficiaries and how these guarantees are materialized by Brazil from the jurisprudential analysis. The research problem, in this context, refers to how Brazil is applying the Agreement for the Security coverage and care realization, in favor of the welfare state and social justice. However, the research is developed with a qualitative approach, by the normative-descriptive method, to elucidate Social Security clearly and objectively, guided by the bibliographic and documental research. Thereby, it is possible to demonstrate how Brazil applies the Agreement, being certain with the decisions signed on the human rights prevalence, guaranteeing social protection for nationals and non-nationals. Otherwise, mistakes are observed about the rejection of benefits provided by the Brazilian legislation, as a result of a restrictive interpretation of the list of cash benefits dealt in the Agreement, making unfeasible to implement the universality of coverage and care principle. Therewith, this leads to the conclusion of the need for a better interpretation of the Agreement as a human law rule, which cannot be interpreted restrictively, but as way of promoting welfare and social justice, in addition to the Federal Constitution, besides, in the long term, be viable for MERCOSUR to implement a common financing fund of Security, allowing for migrant workers the protection of their social security legal assets and their use towards all social security institutions blocks.