Would it be normative basis to restrict the social security incomes only to social security contributions?

Authors

  • Mauro da Motta Aguiar Tribunal de Contas da União - TCU Centro Universitário de Brasília - UniCeub

DOI:

https://doi.org/10.5433/1980-511X.2015v10n2p145

Keywords:

Social Security General System, Sources of funding, Possibility of normative constraints examination.

Abstract

Speeches about the social security “difficult” situation usually adopt as underlying thesis that RGPS funding should be restricted to the revenues from contributions on the payroll. From there came the question of how far would effectively be identifiable, on the brazilian current positive law, wich, among the revenues prescripted to support the Welfare System, could be considered as addressable to Social Security, inquiry wich was the objective of this work. The examination of the subject was initiated by the text of the Higher Law. The charges that are made regarding the “Citizen Constitution” generous content also led to research the situation in legal regulations issued in the previous period. After such a reverse search, the subject treatment was analyzed in the main infraconstitutional instrument about the theme, namely, the 8.212/1991 act. The research ended by showing the impossibility of identifying up support, from the direct reading of the Constitution or the laws that we have on the topic, for the thesis that wants to restrict, among the welfare incomes, the range of those than can be used by Social Security.

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Author Biography

Mauro da Motta Aguiar, Tribunal de Contas da União - TCU Centro Universitário de Brasília - UniCeub

Bachelor of Law by UniCeub

Specialist Assessment of Public Policy at UFRJ

Specialist in Public Law and External Control for UNB

Master in Law and Public Policy at UniCeub

Published

2015-09-01

How to Cite

Aguiar, M. da M. (2015). Would it be normative basis to restrict the social security incomes only to social security contributions?. Revista Do Direito Público, 10(2), 145–166. https://doi.org/10.5433/1980-511X.2015v10n2p145

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Section

Artigos