A previdência municipal a partir da competência legislativa advinda da emenda constitucional n. 103/2019: estudos sobre os limites obrigatórios que devem ser observados na reestruturação do RPPS

Abstract

This dissertation analyzes the issues surrounding the need to reformulate the pension system within the scope of the RPPS based on the Pension Reform promoted by Constitutional Amendment No. 103, of November 12, 2019. It analyzes the rules that are mandatory and those that confer normative space by the municipal entity. It describes the emergence of social security for public servants with approaches to the construction of this social protection and its impacts today, and asks, as a research problem: what freedom of conformation was attributed by Constitutional Amendment No. 103/2019, to municipal entities to define the contours of their own social security regime? As a hypothesis, we propose to explore the legislative competence of the municipal federative entity to deal with the protection of social risks that must be covered by social security with the restructuring of the RPPS of its employees, not limited only to temporal freedom, but also to creative freedom, allowing the establishment of rules differentiated from those proposed by the constitutional reform norm, observing the general norms that govern social security law. The general objective of the study is to explore the limits of these freedoms of competence within the scope of the municipalities. The research adopted deductive logic, which has as specific objectives those constant in the three chapters of the work that are summarized as follows: a) the first chapter presents conceptions about the emergence of the social security of public servants and its consolidation as a social security system; b) the second chapter brings to the study and describes the text of Constitutional Amendment No. 103/2019; c) the third chapter analyzes the normative space reserved for the municipal entity by the constitutional reform norm (EC 103/2019), in line with the principles of social security as social solidarity and the prohibition of social regression.