A constitucionalidade do benefício previdenciário proporcional para migrantes à luz do tema 262 da TNU

Abstract

One of the points of great controversy regarding international social security agreements is the possibility of paying benefits worth less than the national minimum wage. Based on this issue, the present study aims to examine the constitutionality of the proportional social security benefit granted to migrants, based on the analysis of the decision in Theme 262 of the TNU (National Uniformity Panel), involving the Social Security Agreement between Brazil and Portugal. To this end, the origin and main instruments of legal protection dedicated to migrants will be addressed, as well as the treatment given by the Federal Constitution to international treaties, including their formation and incorporation process. Next, international social security agreements in Brazil will be analyzed, highlighting the applicable principles and agreements currently in force, due to their importance in the migration context. Through a practical approach, the decision on Topic 262, which was standardized by the TNU on May 27, 2021, will be examined, highlighting the factual context and the foundations that led to the agreement reached. Considering that the work is exploratory in nature, the research adopted a qualitative approach, being developed with bibliographic and documentary research, focusing on the case study of TNU Theme 262 and interpreted using the content analysis technique. In the end, it was found that the decision made by the TNU is in accordance with the constitutional and infra-constitutional provisions on the matter, and observed the criteria of reasonableness and proportionality, guaranteeing social justice in relation to other insured people. Furthermore, payment proportional to payments made in the countries in which the worker contributed occurs only in cases where there is also payment of social security benefits in these countries, as well as in which they are members of an international social security agreement with Brazil.