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.
