Introdução
Autor | Daniel Pulino |
Ocupação do Autor | Professor de Direito Previdenciário da Pontifícia Universidade Católica de São Paulo. Procurador do Instituto Nacional do Seguro Social |
Páginas | 13-13 |
Page 13
O presente estudo tem como objeto a relação jurídico-previdenciária de concessão de aposentadoria por invalidez no direito positivo brasileiro, precisamente dentro do regime geral de previdência social.
Para análise desse benefício previdenciário, valer-nos-emos das categorias próprias da Teoria Geral do Direito.
Compõe-se o trabalho de uma parte geral e outra especial. Na parte geral, partindo de uma concepção estritamente positivista do fenômeno jurídico, detectaremos, num primeiro momento, qual é o conteúdo mínimo do regime jurídico-previdenciário, extraindo-o, sobretudo, da ordem constitucional.
Em seguida, anunciaremos a estrutura lógica da norma jurídica geral e abstrata de prestações de previdência social, afirmando a existência de seu arquétipo básico, para, no passo seguinte, verificarmos que é com a incidência dessa norma-padrão que se formam as relações jurídicas tipicamente previdenciárias.
Na parte especial, adotaremos aquele modelo estrutural, especificamente, como ferramenta de análise da aposentadoria por invalidez, procedendo, primeiro, à decomposição, no plano lógico, da norma geral e abstrata do benefício, analisando cada um dos...
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