Aposentadoria Especial e os profissionais de enfermagem: uma análise das mudanças legislativas e seus efeitos na proteção social

Abstract

This study analyzes the implications of Constitutional Amendment 103/2019 on the special retirement of nursing professionals in Brazil. The research is based on the premise that the reform has weakened the social protection of these workers, who face adverse working conditions and are exposed to occupational risks. The study aims to trace the historical evolution of special retirement in the Brazilian legal framework and analyze the existing risks in the nursing profession, highlighting the importance of protecting workers who deal daily with harmful agents to health. At the same time, it examines the impact of the pension reform on these workers without offering protective compensation. The methodology includes a bibliographic review of social security legislation and an analysis of the working conditions of nursing professionals, including the incidence of occupational diseases and work-related accidents. The study also investigates the challenges imposed by EC 103/2019, such as the minimum age requirement, the prohibition of converting special time into regular time, and the reduction in the benefit calculation value, which increase these professionals' exposure to risk. The results demonstrate that the changes in special retirement not only extend the time spent in harmful environments but also compromise the health and dignity of workers. The research concludes that, although the financial balance of the social security system is a legitimate concern, no real deficit was proven in the case of the reform to justify the precarization of special retirement. Furthermore, the changes made did not provide adequate compensatory measures, representing a social setback that reinforces the need for public policies that ensure the protection and recognition of nursing professionals.