Aposentadoria Especial -parte 4- Eliminação e Neutralização/Conversão de Tempo- Aula 142-Prof Tanaka

Summary

This lecture on Brazilian social security law focuses on special retirement, time conversion, and related regulations. The professor explains how to convert special work periods into common retirement time, discussing various scenarios and formulas for conversion. The concept of eliminating or neutralizing hazardous exposure through protective equipment (EPI) is also covered, referencing key rulings by the Brazilian Supreme Court (STF). The lecture emphasizes the importance of understanding the specific rules for special retirement eligibility and gives useful tips for studying and succeeding in social security exams, especially in the context of transitioning between different types of work exposure.

Takeaways

• 😀 Workers exposed to hazardous conditions can convert their special retirement time into regular retirement time based on conversion ratios.
• 😀 The special retirement time is calculated based on the preponderant activity, which is the most hazardous job a person has worked in.
• 😀 Conversion ratios for special retirement time can vary, such as 15 years of hazardous work being equivalent to 20 or 25 years of regular work, depending on the exposure.
• 😀 There is no need to memorize specific conversion ratios, as they can be calculated using simple proportional relationships.
• 😀 Special retirement time can be accumulated when a worker has multiple periods of exposure to different hazardous activities.
• 😀 Protective equipment like masks or filters does not always eliminate the right to special retirement if the worker is still exposed to harmful substances.
• 😀 According to the STF, special retirement benefits require actual exposure to harmful agents, such as toxic chemicals, not just the use of protective equipment.
• 😀 New regulations from 2020 state that even if protective measures reduce exposure, the worker may still qualify for special retirement if the exposure remains significant.
• 😀 The concept of 'neutralization' refers to reducing the intensity of harmful exposure to a level within tolerance limits, which can still qualify workers for special retirement.
• 😀 The STF ruled that noise exposure is a valid reason for special retirement, even if hearing protection is used, because it doesn't fully neutralize the harmful effects of the noise.
• 😀 To study effectively for exams on social security law, students should create visual aids like tables or charts to understand the benefits and rules more clearly.

Q & A

What is the main topic discussed in the lecture?

The main topic discussed is 'Special Retirement' (Aposentadoria Especial) in Brazilian social security law, focusing on the conversion of time, neutralization, and elimination of exposure to harmful workplace agents.

How can one convert time worked in hazardous conditions into time for regular retirement?

Time worked in hazardous conditions can be converted into regular retirement time based on a proportional formula. For example, 15 years of hazardous work might be converted into 20 or 25 years, depending on the exposure. The conversion is based on the type and intensity of the hazardous activity.

What is meant by 'preponderant activity' in the context of special retirement?

Preponderant activity refers to the type of work that the employee spent the most time performing. When calculating the time for special retirement, the time spent on the preponderant activity is the one that will be considered for retirement eligibility.

How does the use of protection equipment (EPI) affect eligibility for special retirement?

Using protection equipment like masks does not automatically disqualify a worker from special retirement. However, if the protection equipment fully neutralizes the harmful exposure, then the worker will not be eligible for special retirement, as there is no longer any harmful exposure.

What is the key ruling from the Supreme Federal Court (STF) regarding special retirement and exposure to harmful agents?

The STF ruled that the right to special retirement depends on actual exposure to harmful agents. If protective equipment completely neutralizes the exposure, the worker is not eligible for special retirement, as there is no harmful effect on their health.

Can time worked in a special retirement condition be converted into common retirement time?

Yes, time worked in special conditions can be converted into common retirement time. However, the law only allows this conversion for workers who were part of transition rules until November 13, 2019. After this date, there is no conversion between special and common retirement time.

What factors are considered in the calculation of special retirement time?

Factors considered include the duration of exposure to harmful agents, the type of agents (chemical, biological, physical), and whether the exposure exceeded established safety limits. Workers' time spent in hazardous activities is evaluated based on intensity, duration, and frequency of exposure.

What does the legislation say about the neutralization or elimination of harmful substances at the workplace?

The legislation states that if control measures (like protective equipment or safety measures) fully neutralize or eliminate harmful exposure, the worker will not qualify for special retirement. However, if the exposure is reduced but not eliminated, the worker may still be eligible, provided the exposure is within tolerable limits.

What is the difference between neutralization and elimination of harmful exposure?

Neutralization refers to reducing the intensity of harmful exposure, but it does not completely eliminate it. Elimination means removing the harmful exposure entirely. In the case of neutralization, if the remaining exposure is within tolerable limits, the worker may still qualify for special retirement.

What is the advice given to students preparing for previdenciary law exams?

Students are advised to create charts or tables summarizing key rules for special retirement and other benefits in previdenciary law. This approach helps in easily understanding and memorizing the details for exams, particularly for complex topics like conversion of time and retirement eligibility.