Desaposentação dos deficientes
Autor | Wladimir Novaes Martinez |
Ocupação do Autor | Advogado especialista em Direito Previdenciário |
Páginas | 241-241 |
Page 241
Os beneficiários das duas aposentadorias dos deficientes pressupõem respeitáveis dificuldades pessoais e sociais na realização do seu trabalho habitual.
Essa prestação assemelha-se, de certa forma, à aposentadoria especial (que veda a volta ao trabalho nessa condição). Por outro lado, tem alguma simetria com a aposentadoria por invalidez.
Raramente alguém que se jubilou nestas situações terá disposição para continuar ou retornar ao trabalho, mas se isso acontecer nada impedirá que se afastando novamente venha a tentar uma desaposentação.
Diante da multiplicidade de situações que se apresentam, dos diferentes tipos de limitações humanas e dos avanços na medicina, é bastante provável que um significativo contingente de pessoas jubiladas como base na lei que a disciplinar queira e possa voltar ao trabalho.
É preciso lembrar, num caso extremo, que uma mulher portadora de deficiência grave que comece a trabalhar aos 16 anos poderá se aposentar com 36 anos de idade.
Terá restabelecida a relação jurídica com a previdência social e com isso novas contribuições.
Nesse caso se estará diante da possibilidade, finalmente, de não mais querer trabalhar ou de simplesmente melhorar o valor do seu...
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