A valoração da prova testemunhal na concessão do benefício de aposentadoria por idade do trabalhador rural: efetivação de direito constitucional por meio da atividade judicial

Abstract

Every worker has the right to receive from the State protection against situations such as old age and illness, protection for himself and his family, regardless of the work activity he carries out. Social security, which is a right provided for in the Federal Constitution of 1988, aims to ensure that the sources of income of the worker are maintained even when he loses his capacity to work, whether for some time (illness, accident, maternity) or permanently (death, disability and old age). In the context, the right to retirement by age of the rural worker forms part of an essential nucleus of constitutional protection. The Constitution equaled the rights of urban and rural workers and thus expanded the application of social security to every Brazilian worker, and the benefit to rural workers was a form of social inclusion of this group of policyholders. This work will focus on the special insured, included in the ordinary legislation Law 8,213 / 91 and dealt with in the constitutional text itself, representing the only type of insured with definition in the above diploma, which determines the differential treatment to be given to these people. For the granting of the benefit, the special insured must meet certain requirements to receive the retirement pension benefit by age, and the grace required by Law n. 8,213 / 1991, the minimum age being 60 years if male, and 55 years, if female, as well as to prove the effective exercise of their activity in the field. Nevertheless, in view of the principle of constitutional equivalence and of the reality experienced by this follow-up of workers, it is true that they find it very difficult to prove the exercise of the agricultural activity, in short, due to the need for material proof in the case documents to prove their condition. Given this, they can hardly get their retirement by age in the administrative sphere, and should then resort to the Judiciary to realize their rights. It does not dictate, through the analysis of the contours related to the judicial concession of the benefit of retirement by age to the rural workers, there is the questioning in relation to the effective guarantee of protection to the worker, in addition to being an institute of the judicial activity, in the case the valuation of the proof testimony - it must be applied in the specific case - as an instrument for the realization of constitutional law.