The social right to Social Security, as provided for in article 6 of the 1988 Federal
Constitution, was modified by Constitutional Amendment nº 103/2019 in response to
allegations of a financial deficit that could lead to budgetary unsustainability in a few
years, given the condition in which was found. This work analyzes whether the
changes made to retirement due to permanent disability, which significantly reduced
its value in relation to the disability benefit and also created disparities between
accidental and non-accidental retirement, violated the principle of replacing social
regression since the Reform benefit due to permanent disability was reconfigured in a
disproportionate and unreasonable way, without considering social reality or the
search for social justice, foundations of the Democratic Rule of Law. Focus only on
the alleged economic crisis and supposed actuarial criteria without justifiable support.
The analysis used the deductive method and was based on bibliographical research,
collecting data on legislation, doctrine and Brazilian jurisdiction. In the final financing,
there was a violation of the constitutional principle of social regression, in that the
reform affected the protective logic of the permanent disability benefit
disproportionately, without providing a clear and well-founded justification for this.
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