Proibição de discriminação e previdência complementar: um estudo de caso do Tema 452/STF

Abstract

This study aims to understand how the principle of isonomy affects private pension relationships, especially based on the understanding signed by the Federal Supreme Court in Theme 452. The first chapter is about the principle of isonomy, with an overview of its legal content for later examine its dimension as a prohibition of discrimination and the notion of disparate impact. The next chapter is about private pension, its integration into social security system and its legal-constitutional framework. Finally, a case study on Extraordinary Appeal n. 639.138, leading case of Theme 452. In conclusion, the gender discrimination factor for the granting of supplementary pension benefits can use criteria that result in a more beneficial benefit for women compared to men, which is allowed by the constitutional order under the prism of material equality. However, the gender discrimination factor cannot use criteria – contribution time, including – that result in a more harmful benefit for them so as not to constitute a violation of the principle of isonomy, which prohibits gender discrimination.