Comments on the constitutionality of the retirement system of national magistrates

Abstract

In this paper I carry out a critical study of the current pension regime for national magistrates, especially the collection related to the definitive dismissal required by law 24.108 and its regulations, suggesting that in that regulatory framework, there is a contradiction with rights embodied in the National Constitution, especially in reference to the right to social security, reasonableness, the right to work and property, and the guarantees of article 110 of the supreme norm. In this way, the selected analytical perspective tends to combine contributions from social security law and the constitutional branch, postulating as conclusions the need to think about proposals for reforms that improve the criticized section, based on recognizing the fundamental nature of the right to social security, together with the essential duties that burden state action in that field.