Desaposentação (re-retirement), Reaposentação (new retirement), and Human Rights: An Analysis of Retirees Social Contributions in Brazil

Abstract

This study analyzes social security as a human right, with emphasis on its judicial enforceability within the Inter-American Human Rights System and its application in Brazil. It examines the mandatory social security contributions required from retired individuals who return to the labor market, in light of the prohibition of desaposentação (re-retirement) and reaposentação (new retirement). The discussion focuses on the compatibility of these restrictions with the constitutional principles of human dignity, the prohibition of unjust enrichment, and the contributory counterpart principle. The research is based on bibliographic review, documentary analysis, and hermeneutical interpretation of legal norms, rulings of the Brazilian Supreme Court, and international treaties ratified by Brazil. The findings suggest that the absence of a counterpart to the contributions made by retired workers may constitute a violation of the human right to social security, raising the hypothesis of potential international accountability of the Brazilian State.