A aplicação da análise econômica do direito sobre a previdência social brasileira

Abstract

The following work, pursuing the research line on "Constitutional Jurisdiction and Realization of Fundamental Rights and Guarantees" of the FDV Master in Laws on Fundamental Rights and Guarantees program, aims to present concepts and fundamentals of the Economic Analysis of Law or also called Law and Economics on Brazilian social security. The method used is the deductive reasoning, in the sense of constant presentation of data and theories, seeking to prove by empirical data the assumptions raised. In the first chapter, with a presentation of ideas, the philosophical evolution of concepts to the history of economics applied to law with thoughts of Adam Smith, Jeremy Bentham, John Rawls, Richard Posner and Klaus Mathis. In the second chapter, we present a historical and legislative review of the emergence of the first concepts of international and Brazilian social security. Aspects present in the Federal Constitution of 1988 and federal legislations; historical reforms undertaken as well as current rules; and, finally the intergenerational architecture of mutual compensation on a previous theoretical model of simple repair in scenarios which pension reform is elaborated. In the third part of the thesis, it proposes an economic and financial application of the sustainability of social security in the results of official data from national and international organisms, analyzing the current scenario of Brazilian social security norms as well as proposals of under the prism of the elements of Law and Economics, in particular efficiency and its relation to the guarantee of social protection through trade-offs.