STF decide que tempo em atividade insalubre conta para aposentadoria especial

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26 de agosto de 2020
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14 de setembro de 2020

STF decide que tempo em atividade insalubre conta para aposentadoria especial

Decisão permite aos servidores públicos converter período de trabalho em condições nocivas à saúde ou à integridade física em tempo de atividade comum.

Por Gabriella Starneck

O Plenário do Supremo Tribunal Federal (STF) decidiu que é possível a averbação do tempo de serviço prestado por servidores públicos em atividades insalubres, e sua conversão em tempo comum para fins de concessão de aposentadoria especial.

A decisão é válida para casos que antecedem a Reforma da Previdência, que entrou em vigor em 13 de novembro de 2019. A partir desta data, as regras para a conversão de tempo especial deverão ser regulamentadas por lei complementar dos entes federados.

 

Os ministros analisaram um recurso interposto do Tribunal de Justiça do Estado de São Paulo (TJ-SP), que reconheceu a assistentes agropecuários vinculados à Secretaria de Agricultura e Abastecimento estadual o direito à averbação do tempo de serviço prestado em atividades que prejudiquem a saúde ou a integridade física, para fins de concessão de aposentadoria especial.

O governo argumentava que não há lei que autorizasse a averbação ao funcionalismo local. Por maioria de votos, os ministros negaram o recurso, destravando 900 casos em outras instâncias. Isso porque por se tratar de um tema com repercussão geral, a decisão serve de parâmetro para solucionar casos de temáticas semelhante.

Decisão do STF

No julgamento, prevaleceu o entendimento do ministro Edson Fachin. Para ele, até a reforma da previdência, não havia impedimento à conversão do período trabalhado em condições insalubre em tempo de atividade comum. Segundo Fashin, a aposentadoria especial com tempo reduzido de contribuição reconhece os danos impostos a quem trabalhou, em parte ou integralmente na vida contributiva, sob condições que prejudiquem a saúde ou a integridade física.

O ministro ainda observou que é possível verificar a necessidade de critérios diferenciados para contabilizar o tempo de serviço em condições nocivas. Ele afirma que a nova redação do texto constitucional permite ao ente federado estabelecer, por lei complementar, idade e tempo de contribuição diferenciados para aposentadoria de servidores que exerçam atividades insalubres.

Os ministros Alexandre de Moraes, Marco Aurélio, Ricardo Lewandowski e Luís Roberto Barroso acompanharam Fachin. A exceção foi o ministro Luiz Fux, que entendeu a lei completar como pré-requisito para o exercício desse direito.

Portanto, aplica-se aos servidores públicos, até a reforma, as regras do Regime Geral de Previdência Social para a conversão do período de trabalho em condições nocivas à saúde ou à integridade física em tempo de atividade comum.

Fonte: http://editalconcursosbrasil.com.br/noticias/2020/09/stf-decide-que-tempo-em-atividade-insalubre-conta-para-aposentadoria-especial/amp/#referrer=https%3A%2F%2Fwww.google.com&amp_tf=Fonte%3A%20%251%24s

 

 

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