Desconstitucionalização das normas previdenciárias e a Emenda Constitucional 103

Abstract

This article presents an analysis of the deconstitutionalization of social security standards due to the advent of Constitutional Amendment 103 of 2019. From this perspective, a concept of “deconstitutionalization” is addressed and the consequences of this legal phenomenon in society. The problematization arises from the moment that part of the social security rules has their status changed from constitutional to infraconstitutional. The general objective is to understand this change and the consequences of the change. The methodology used is hypothetical deductive, drawn up based on a bibliographical review on the subject and analysis of national legislation. Finally, it is concluded that deconstitutionalization is harmful to social security policyholders due to the legal uncertainty that this context represents.