The accumulation of special retirements for health professionals in Brazil's own systems

Abstract

This text proposes a solution to a controversial issue in Brazil's Social Security Systems: the (im)possibility of accumulating special retirements for those who hold two public positions as health professionals with regulated professions (hypothesis). In such cases, would the treatment given by the Federal Supreme Court within the General Social Security System be appropriate, since it decided that the legal prohibition on the accumulation of special retirements was constitutional (objectives)? All the material collected for bibliographical and documentary analysis was analyzed from a positivist-rationalist and hermeneutic point of view (methodology used). It was noted that the remaining distinctions between the different social security systems that coexist in Brazil justify, despite the continuous approximation between them, a different legal solution about the (im)possibility of accumulating special retirements (results achieved). In view of the traditional methods of interpretation – historical, teleological and systematic – as well as the methods of constitutional interpretation – supremacy of the constitution and unity of the constitution – the conclusion is that the accumulation of special pensions for those occupying public positions as health professionals in regulated professions within the scope of the Social Security Schemes is constitutional (final considerations).