A inconstitucionalidade do artigo 6º da Emenda Constitucional nº 103/2019

Abstract

The present research carries out a study of a theoretical nature, based on bibliographic and documentary research, regarding article 6th of the constitutional amendment nº 103/2019. The objective of analyzing the constitutional provision that prohibits the cumulation of the retirement receipt in the general regime of social security with the receipt of salary in public employment, thus automatically breaking the employment relationship that gives rise to retirement, in the light of its constitutionality. It is concluded that the prohibition proposed in article 6th of the aforementioned amendment is unconstitutional because it contradicts the jurisprudence of the Federal Supreme Court and the principles that govern labor law and social security