A (in)constitucionalidade dos aspectos trazidos pela reforma da previdência dada pela EC 103/19 em torno da aposentadoria voluntária dos Servidores Públicos à luz da segurança jurídica

Abstract

The objective of this work is to analyze the pension reform given by EC 103/19, in more detail the new eligibility criteria for voluntary retirement of public servants linked to the Special Social Security Regime in light of legal security and the protection of trust . Since the promulgation of the Federal Constitution of 1988 until the advent of the referenced EC 103/19, the social security of public servants was able to undergo several reforms through constitutional amendments: EC 03/1993; EC 20/1998; EC 41/2003 and EC 47/2005. In this scenario of constant changes, there is a clear rupture around legal security, as well as the corollary of the protection of trust, it should be noted, nurtured by those managed in terms of the perpetuation of the social security rules that house them, culminating in directly impacting the projects of life traced by the servers around the so desired inactivity. From this perspective, aspects of EC 103/19 and the institute of legal security and the protection of trust will be analyzed with a view to concluding that the new eligibility criteria chosen by the new reform are unconstitutional in light of legal certainty and protection of trust.