O regime de capitalização da previdência e o princípio constitucional da solidariedade: uma análise à luz dos paradigmas do Estado Constitucional

Abstract

The research was motivated by the relevant discussions regarding the creation of a new social security regime organized under capitalization system, which gained strength after the presentation of the Proposed Amendment to the constitution 06/2019. The main objective of the paper was to answer the following question: Is the adoption of a capitalization social security system in the basic pillar of Brazilian social security compatible with the constitutional principle of solidarity? For this purpose, the literature review method was used, which helped in the definition of the research objectives, the theoretical constructions and the definition of essential concepts related to the theme. The hypothesis was that the funded funding scheme is not compatible with the principle of social solidarity. In this sense, the general objective was precisely to evaluate the referred compatibility, for this purpose we sought to conceptualize and analyze the principle in question and each of the funding schemes, in order to analyze them from the perspective of the Constitutional State. Thus, it was possible to certify the origin of the hypothesis formulated and to find an affinity between the capitalization system and the Liberal State model. Thus, it was possible to attest to a hypothesis procedure formulated and to find incompatibility between the capitalization system and the Democratic Rule of Law model, as well as an affinity between this system and the Liberal State model.