RESTRIÇÃO INCONSTITUCIONAL DO DIREITO DO TRABALHADOR AO ABONO PIS/PASEP INTEGRAL

Abstract

PIS / PASEP is a benefit for the worker, created in 1970, with the purpose that workers were entitled to an annual bonus as a share in the profits of companies and in the development of the country. Such institute had numerous changes as the years passed, with the promulgation of the 1988 Constitution and the transformation of the institute into Allowance Salary Allowance, several workers were harmed, subsequently with that of Provisional Measure 665/2014 and which was transformed into Law 13,134, causing a great loss especially for those who earn less and have less job stability. The research aims to carry out a historical analysis of the PIS / PASEP, since its emergence, passing through the Federal Constitution of 1988 and later Provisional Measure 665/2014 and analyzing the unconstitutionality of art. 9, § 2, which seizes the rights of several workers, mainly those with lower wages, analyzing the losses that were caused during these changes. The research will be carried out through the study and analysis of the legislation and official figures applied to the case, as well as articles present on the internet that are important to the topic. Therefore, the adaptations in the subconstitutional laws related to PIS / PASEP, violated the Constitution, creating a barrier to the right to the full PIS / PASEP bonus, splitting and limiting the right of workers, restricting workers access to the right to full PIS/PASEP allowance, for them, for contingency of funds and financing of social security and economic development programs.