The Possibility of Health Professionals in Brazil Accumulating Special Pensions from the General Social Security System and the Private Social Security System Andressa Felix Lisboa, Danilo de Oliveira

Abstract

The aim of this study is to investigate the feasibility of health professionals with regulated professions accumulating special retirement benefits under the General Social Security System and the Special Social Security System. The analysis explores whether it is legally possible, for example, for a doctor to retire in one of the two systems and continue practicing his profession in the other, and then also to retire there. The methodology used was based on a bibliographical review and documentary analysis of current legislation and case law on the subject. The results indicate that, within the limits established by Brazilian social security rules, especially the constitutional ones, the accumulation of special pensions in different social security systems, apparently not allowed, should be interpreted as valid. The conclusion is that, in the light of the techniques of historical, teleological and systematic interpretation, as well as constitutional supremacy, the accumulation of a special pension in the special system with another of the same type in the general system is the most appropriate legal solution for the Brazilian reality.