The Effectiveness of the Right to Special Retirement of Persons with Disabilities

• Main Authors: Regina Toledo Damião, Sybelle Luzia Guimarães Drumond
• Format: Article
• Language: Spanish
• Published: Conselho Nacional de Pesquisa e Pós-Graduação em Direito 2016-06-01
• Series: Conpedi Law Review
• Subjects: Efetividade; Aposentadoria Especial; Pessoa Portadora de Deficiência; Lei Complementar n° 142 do 2013.
• Online Access: http://portaltutor.com/index.php/conpedireview/article/view/107

This paper aims to address the constitutional and infraconstitucional Brazilian purpose for the protection of Persons with Disabilities (PPDs) from the perspective of their effectiveness, especially in the case of regulations of the respective special retirement. Therefore, it is brief foray into national and international documents on the issue and its comprehensive purpose. Generally speaking, it has as a reference the rights guaranteed by the UN Convention and the Brazilian National Policy on Disability Inclusion in social reality, with emphasis on their Special Retirement, regulated by Complementary Law No. 142 of 2013. Permeating the research are made critical interventions intended to demonstrate the bureaucratic obstacle that still persists in ensuring the right to special retirement and the recurrent Brazilian difficulty of transforming a law in a fact.