Garantia de direitos previdenciários no regime estatutário: riscos da privatização obrigatória (EC 103/2019) e das crises cíclicas do capital

Abstract

The purpose of this master's thesis is to reflect on the history, dynamics and consequences of the mandatory establishment of a private pension scheme for statutory public servants of all federative entities. The paper aims to analyze how this mandatory institution of private pensions, as determined by Constitutional Amendment 103 of November 12, 2019, can guarantee (or not) the fundamental social security rights of statutory civil servants? To do so, it articulates categories such as social security, the capitalist state, neoliberalism and cyclical crises of capitalism. It seeks to understand how the Social Security Reforms took place in Brazil, their relationship with the functioning of the capitalist mode of production and its cyclical crises, how the privatization of social security contradicts fundamental social security rights, following the example of the problems faced in other countries, as well as the limits and possibilities of affirming social rights. The study will be carried out using bibliographical and documentary techniques, i.e. historical, sociological, economic and legal books, statistical data, documents, magazines, articles and electronic research on the problem in question. The multiple fields of knowledge will favor a dialectical and a realist approach in the legal and socio-historical critical interdisciplinary field.