RETIREMENT FOR THE "SPECIAL INSURED" RURAL PRODUCER: BUREAUCRATIC OBSTACLES TO GRANTING THE BENEFIT FOLLOWING THE 2019 SOCIAL SECURITY REFORMS

Abstract

This article addresses the challenges faced by special insured rural producers in obtaining rural old-age retirement, in the context of the 2019 social security changes. The objective is to analyze the main obstacles in the process of granting the benefit, especially regarding proof of rural activity, and to point out measures that may simplify and speed up these procedures. The research adopted a qualitative methodology, based on bibliographical research of legal doctrine and academic works on rural social security and on a documentary analysis of the relevant legislation, namely the 1988 Federal Constitution, Law No. 8,213/1991, Constitutional Amendment No. 103/2019 and Law No. 13,846/2019. The analysis indicates that Constitutional Amendment No. 103/2019 kept the minimum ages for rural old-age retirement and that Law No. 13,846/2019 changed the way rural activity is proven. The literature reviewed points to the following main obstacles: the requirement of documents proving 180 months of rural activity, evidentiary formalism, insufficient legal assistance and digital exclusion. No concrete cases were analyzed and no original data were produced, which limits the scope of the conclusions.