IMPACTO DA REFORMA DA PREVIDÊNCIA NA APOSENTADORIA POR INCAPACIDADE PERMANENTE PREVIDENCIÁRIA: UMA ANÁLISE JURÍDICA DA INCONSTITUCIONALIDADE DO ART. 26, § 2º, III DA EC 103/2019

The present study analyzes the impacts of the Pension Reform introduced by Constitutional Amendment No. 103/2019 on the granting of permanent disability retirement, with a focus on Article 26, §2, item III. The topic is justified by the need for a deeper understanding of the history of social security and the evolution of this benefit, analyzing the calculation rules before and after the promulgation of the Constitutional Amendment, and the various ways in which insured individuals under the general social security system are affected. The study aims to provide an accurate analysis of current legislation to evaluate the fairness of the calculation method established by the Pension Reform. The methodology employed involves a rigorous examination of the 1988 Federal Constitution and its constitutional principles, the referenced Constitutional Amendment, Law No. 8.213/91, Decree No. 3.048/99, case law from regional courts and the Federal Supreme Court, and scholarly interpretations from experts such as José Antônio Savaris, Hugo Goes, and Gustavo Beirão Araújo. The main findings indicate that, despite the approval of the Constitutional Amendment, several constitutional principles and laws have been violated by the new calculation rules for permanent disability retirement benefits. These rules disadvantage insured individuals in various aspects, a view that has already been adopted by courts and supported by legal scholars, although a decision is still pending before the Federal Supreme Court. In conclusion, Article 26, §2, item III of Constitutional Amendment No. 103/2019 is inconsistent and should be declared unconstitutional, as it imposes a scenario of true social regression.