The reform of social security and the principle of sealing social retrocess

Abstract

The present scientific article aims to analyze the effectiveness of the application of the principle of prohibition to social retrogression in the context of the Pension Reform promoted by Constitutional Amendment nº 103/2019, through the bibliographic research methodology, whose theoretical framework is the Constitutional Law Work and Theory of the Constitution, by the Portuguese constitutionalist José Joaquim Gomes Canotilho. It seeks to demonstrate the evolution of social security rights from the Constitution of the Empire of 1824 to Constitutional Amendment 103/2019. Analyzing also the budgetary limitation of the State for the realization of social rights versus the prohibition of regression of social rights guaranteed by the Federal Constitution of 1988. In this sense, some relevant points of legislative change are briefly addressed in order to reflect on their impacts.