APOSENTADORIA POR IDADE MISTA OU HÍBRIDA: A (in)observância do mandamento Constitucional: “uniformidade e equivalência dos benefícios e serviços às populações urbanas e rurais;”

Abstract

The present work has the objective of analyzing the innovations brought by Law 11718/2008. The new law created a modality different from those previously existing for retirement. From the legislative innovation, it became possible for the applicant to use, in a cumulative way, the time of contribution provided as a rural and urban worker. However, with the hybrid retirement, as it is commonly called in the context of social security doctrine and as widely heeded by the judicial practice, also brings requirements different from those required for rural and urban retirement (purely considered). The main differentiating feature, as could be observed, is with regard to the age criterion, so that the insured, although at the time of application, pay rural service, will have to meet 65 years of age for men and 60 years age, if woman. The new possibility raised a number of issues in the practical scope of its application, especially as to the type of activity that should be exercised at the time of application. The issues, as if it had the opportunity to point out, were, to a large extent, resolved in the jurisprudential scope.