Aposentadoria do trabalhador rural no Brasil: limites e desafios para concessão

Abstract

Brazil has a processual dynamic applicable to the granting of rural workers retirement, specifically for the probationary issue, the biggest point of controversy in the assessment of the request for the benefit from the Judiciary. The difficulty of proving the condition of rural worker, enhanced by the socioeconomic condition, brings obstacles, often insurmountable, to rural workers. In view of the problem, the following research question was designed: In Brazil, how are the probative commands weighed in granting the retirement of rural workers who seek the Judiciary? In order to answer, the state of the art of literature and legislation was sought. With the exploratory research, theoretical knowledge has been aligned with practical actions, bringing the practical view of professionals working in the social security area of Brazilian courts. The present work will give the reader a holistic view of the theme, which is essential, since there is a need for a more sensitive analysis of the specific case when it comes to special insured persons. As a suggestion for future studies, we intend to make a comparative study between the legal-evidential labyrinths between the retirement of the Brazilian peasantry and the peasants of South American countries. The limitations of the research occurred, mainly, due to the restrictions arising from the Covid-19 pandemic that hit Brazil in 2020. This work is divided into 3 chapters, the first deals with the historical retrospective and main questions of rural work, the second deals with technical and processual aspects, while the third deepens in the analysis of interviews with experts.