The violation of the principle of equality when not reducing the time for granting retirement and its effects on the health of university professors

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Yara Alves Gomes
Bruno Chancharulo de Barros

Abstract

This is an original study that seeks to examine the violation of social security equality for higher education teachers who are not beneficiaries of the distinctive rules for early programmed retirement, as well as the impact on the health of this professional class due to the lack of equality. The research is exploratory and descriptive in nature, based on a bibliographic and documentary survey, using the analysis of legislation, doctrine and scientific articles available in physical and digital media. It is also emphasized that this research presents the focus on higher education, as well as the distinct designation of the role of teacher according to Brazilian legislation, dealing with equality in its formal and material aspects in comparison with the category of elementary school teachers, aiming to highlight the central problem of non-observance of the principle of equality in the special retirement regime and the damage to the health of these professionals, due to the exercise of the profession. Finally, given that primary and higher education teachers face the same professional challenges and similar illnesses, with no distinction being made regarding health damage, it was therefore concluded that the social security legislation violates the guarantee of higher education teachers to a special retirement regime.

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Author Biographies

Yara Alves Gomes, Universidade Santa Cecília

Graduated in Law from the Faculty of Law of São Bernardo do Campo (2013), Master in Philosophy of Law from the Pontifical Catholic University of São Paulo (2016) and PhD from the Pontifical Catholic University of São Paulo (2022). She also has a specialization in Didactics and Inspection of Higher Education and Civil Procedural Law from Cândido Mendes University, with a focus on mediation and conciliation.

Bruno Chancharulo de Barros, Universidade Santa Cecília

Master's degree in Health Law: Individual and Collective Dimensions from the Santa Cecília University. Postgraduate student in the Public Law Program at Faculdade Legale. Postgraduate student in Registry and Notary Law from Faculdade Unitá – UNITA. Approved in the 28th OAB Exam. Author of the book “Democracy in the SUS” by Editora Dialética. Graduated in Law from Universidade Paulista.

How to Cite

GOMES, Yara Alves; BARROS, Bruno Chancharulo de. The violation of the principle of equality when not reducing the time for granting retirement and its effects on the health of university professors. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 456–469, 2024. DOI: 10.5281/zenodo.14536840. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2520. Acesso em: 17 mar. 2026.

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