SPECIAL RETIREMENT OF THE PUBLIC SERVER UNDER HARMFUL CONDITIONS TO HEALTH AND PHYSICAL INTEGRITY AND THE DIFFICULTIES OF THE STATE PUBLIC ADMINISTRATION OF RIO DE JANEIRO

Abstract

The object of the present work is to study the special retirement of the public agents under special conditions to health and physical integrity, a right provided for in art. 40 §4ºC, as amended by Constitutional Amendment nº103/2019, of the Federal Constitution. The repercussions caused by the successive decisions of the Supreme Federal Court, in injunctions filed by public agents, will be analyzed, as well as the subsequent edition of the Binding Summary nº 33, in the light of the division of legislative competences and the principle of autonomy of the Member States, both foreseen in the constitutional text. The STF jurisprudence, which was based on the subsidiary application of the rules of the General Social Security Regime to the special retirement of public agents, will be addressed. In another topic, delineations about competing legislative competence will be carried out, addressing the concept of general rules, the supplementary space given to state entities and the discussion on the incidence of RGPS special retirement rules, the unconstitutionality of the Law nº 9,717 / 98 and the violation of state autonomy. Finally, the challenge faced by the Public Administration of the State of Rio de Janeiro in complying with the judicial decisions that determine the production of documentation similar for the private sector will be addressed.