RETIREMENT FOR PEOPLE WITH DISABILITIES UNDER THE RGPS: FOUNDATIONS, ADVANTAGES, AND SOCIAL IGNORANCE

Abstract

Disability retirement under the General Social Security System constitutes a constitutionally guaranteed form of differentiated protection, regulated by Complementary Law No. 142/2013. Despite its social relevance and significantly more favorable criteria than other retirements after Constitutional Amendment No. 103/2019, it remains little known by a large part of the insured and insufficiently disseminated in the social and institutional spheres. This article analyzes the constitutional foundations of the institution, its legal requirements, the method of calculating the initial monthly income, and the possibility of converting contributory periods, demonstrating, for example, that it is the only retirement, in the contribution-based modality, that guarantees 100% of the average without a minimum age requirement, directly or indirectly, and without the mandatory application of the social security factor. It argues that the lack of knowledge about this modality generates a concrete loss of rights and compromises the effectiveness of social security protection.