A proteção social no Cone Sul: um estudo comparado sobre a conformidade dos sistemas de seguridade social da Argentina, Brasil, Chile e Uruguai e a Convenção nº 102 da Organização Internacional do Trabalho

Abstract

At least for three decades, the latin american countries has dedicated their legal and legislative productions to the elaboration of a social security system which can be able to combine a benefit plan with a large social coverage and a sustainable defrayal plan. Considering this perspective, each legal order needs to fit its system to a social, economic, political and demographic background, aiming to create a system able to solve its population specific issues. At the same time, the International Labour Organization has elaborated Convention nº 102 about basic social security rules, in which settle minimal patterns to be observed by all subscribed countries. In this context, the current work is developed: if and how southern cone countries – Argentina, Brasil, Chile and Uruguay – inserted in their legal systems mechanisms that attend to ILO’s Convention nº 102. To that, it was used compared law, through the finalist-factual method, that is proposed on the right momment of this work, at the same way that clarifies which function the work aims to use. The methodological design is deeper clarified aiming to settle the scientific aspect of the legal research concerning to the compared law. Therefore, it is done the research object necessary limitations into the legal systems analysed, in the conceptual delimitations and purpose that this work is proposed. Because of the multiplicity of concepts of social security, to lecture on their papers and corporate - social, economic and political - in society , to be considered within the comparison approach. The compared elements are provided by Convention No. 102 , as stated in the method used and , after extracting them , this work gets them within the legal systems starting with the constitutional provisions and then advancing to the common standards and , if necessary, to the extra devices or praeter legem , to finally detect the similarities and differences as the design of comparative law itself.