A contribuição previdenciária garantida ao segurado especial rural: uma releitura a partir do uso de inteligência artificial para os trabalhadores do campo

Abstract

This Master's Thesis has as its theme social security in Brazil and its roots in the European social security models, especially in the Bismarckian and Beveridgian systems, which influenced the creation of social protection in the country. The theoretical foundation of the present study analyzes the evolution of social security, from its initial conception as a political instrument to its transformation into a fundamental right guaranteed by the Federal Constitution of 1988. The problem of this research highlights the central challenges of the Brazilian social security system, among which the characterization of the special insured, a category that encompasses rural workers, artisanal fishermen and extractivists, whose regulation has evolved over time. The Federal Constitution of 1988 guaranteed the definitive inclusion of the special insured in the General Social Security Regime (RGPS), establishing differentiated criteria for contribution and access to benefits. However, challenges persist regarding the definition of objective criteria for the characterization of this worker, especially in relation to the proof of rural activity and the absence of a financial limit that mischaracterizes the condition of special insured. This point raises questions about the legal nature of the benefits granted and the distinction between social security protection and social assistance. In addition, the research highlights the importance of judicial decisions in the interpretation of social security legislation, emphasizing how case law has influenced the characterization of the special insured. The absence of clear normative criteria impacts the granting of benefits and can compromise the sustainability of the social security system, given the difficulty of establishing limits for the inclusion of new beneficiaries. As a preliminary result, the study proposes a reflection on the need for legislative and regulatory adjustments to ensure greater legal certainty and financial balance to the social security system.