O trabalho informal perante o sistema de previdência social, à luz da teoria comunicacional do direito / O trabalho informal perante o sistema de previdência social, à luz da teoria comunicacional do direito / The informal work in the social security system, from the viewpoint of the communicational theory of law / The informal work in the social security system, from the viewpoint of the communicational theory of law

AUTOR(ES)

Gizela Maria Bodi

DATA DE PUBLICAÇÃO

2011

RESUMO

This research has the scope of analyzing the informal work, very common in the current Brazilian scenario, into the current social insurance system, starting from the communicative conception of law. Indeed, the informality of employment relationship proves to be a major challenge for contemporary states, notably in the social insurance sphere, in which the exercise of paid work, by itself, is insufficient to the membership and to the consequent social protection of the members from this category. Considering that the informal work corresponds to the activity performed outside of the statutory rule, the chosen method of study was the logical and systematic examination, starting from the premise that the law is a system of communication, operationalized through verbal written language, as proposed by Paulo de Barros Carvalho. Thus, based on the idea of autopoiesis of law, in which law creates its own reality, separated and more restrictive than social reality, we seek to examine critically whether there is indeed dialogical interaction between the social insurance system and the social one, which echoes on the incidence of social insurance laws, especially the membership rule. Based on these premises, after examining the differential systems of low-income insured and the individual microentrepreneurs recent mechanisms of social insurance inclusion we will set out proposals to overcoming informality in the legal framework, considering not only a change on the evidence paradigm of gainful activity, but also an structural reformulation of the social insurance system, which is caused today on formal worker protection, based on the contingency risk of the activity. This circumstance leads also to reflection on the need of a new social pact in the country

ASSUNTO(S)

direito trabalho informal inclusão previdenciária teoria comunicacional do direito incidência jurídica autopoiese do sistema de previdência social informal work social security inclusion communicational theory of law legal incidence autopoiesis of social insurance system

Documentos Relacionados

• Administrative jurisprudential formation of the social security law: the enunciation from the council of social welfare recourses
• O sistema do direito como sistema da liberdade
• THE COLLECTIVE INSTRUMENTS FOR THE SELF-DETERMINATION OF LABOUR LAW AS A SOURCE FOR SOCIAL SECURITY LAW
• For a theory of the criminal procedural law: system organization
• General theory of health´s law