O regime jurídico da previdência privada no sistema brasileiro de seguridade social

Abstract

The study of "Legal System of the Pension Fund in the Brazilian System of the Social Security" aims to analyze the phenomenon of the Welfare system, in its different configurations. Through the positive systematic method, the axiology of the Supreme Law stands out, showing the constitutional conformation of the Brazilian State, as a democratic State of social right, which excels for the search of equality and liberty, aiming for the dignity of the human being. We intend to demonstrate, in the constitutional ideal, that social rights have an important role in the retaking of social differences; and that Welfare, health and welfare work, as actions of Social Security, represent relevint part in the concretization of social rights. For that, we willlocate the system of Social Security within the objectives to be reached by the Constitutional arder, meeting the precepts of the State fundamental rights of social right. We will examine the classic dichotomy of Law, and will describe the Constitutional Welfare profile in its different configurations: general system, own systems and private system. We will try to give the concepts of Pension Fund, establishing the fundamental differences between the general system of Social Welfare, mandatory basic model, and the private model, as facultative and contractual. We will determine the legal nature of Social Welfare, after the study of rules and principIes that rule the system, and of legal relations, which are established among entities, sponsors and participants. The present work distinguishes the actions of Welfare from the Social Welfare work, through the study of the genesis of each action; it establishes the differences between the genre of welfare work from the type constitutionally defined as Social Welfare work. Permeating the study of immunity and exemption, with the purpose of determining the applicability of these normative institutes to the welfare work entities and to the benefit entities of social welfare work. Finally, it establishes the contrast between the entity of pension fund and the applicability or not of the immunity to these institutions. In the search of the originality demanded by the work, we have as a goal, also to demonstrate the difference's between Social Welfare and Social Welfare work, with the purpose of rendering smooth and justifying the presented results, according to the nonapplicability of immunity to the entities of pension fund. To sum up: the present study aims to stand out the importance of tlite National Welfare System, in the accomplishment of the fundamental rights; to demonstrate that the classic dichotomy of Law is in force, in Public and Private Law, with the presence of Social Law, not as an autonomous Law, but permeating the positive legal relations; to distinguish the several types of Welfare; to determine the legal nature of closed pension fund and to demonstrate the now applicability of immunity to this type of Welfare