Implicações jurídicas das atividades especiais sob a perspectiva do Direito do Trabalho e do Direito Previdenciário

Abstract

This work aims to investigate the legal implications of special activities from the perspective of Labor Law and Social Security Law, highlighting the normative evolution and the importance of protecting workers exposed to unhealthy or hazardous conditions. The research addresses the historical trajectory of the legislation regulating these activities, focusing on the granting of special retirement and the impacts of the changes brought by the 2019 Pension Reform, which introduced new criteria, such as a minimum age requirement and changes in the calculation of benefits. In addition, the study analyzes key documents necessary to prove this right, such as the Social Security Professional Profile (PPP) and the Technical Report on Environmental Working Conditions (LTCAT), which certify the worker’s exposure to harmful agents. The role of Regulatory Standards (NRs) in ensuring occupational health and safety is also emphasized, with a focus on the challenges involved in preserving the physical integrity and well-being of professionals. The research further considers the importance of accurately issuing and updating these supporting documents, as omissions or errors can hinder access to social security benefits, often leading to administrative or judicial disputes. Another relevant aspect is the impact of the Pension Reform on the rights of workers engaged in special activities, as the new transition rules and the introduction of a minimum age make it harder to obtain the benefit, especially for those exposed to prolonged risks. Finally, this work seeks to provide a comprehensive understanding of the advances and challenges faced by workers and companies in implementing the standards applicable to special activities. The method used to carry out the research was inductive, with bibliographical, doctrinal, jurisprudential, legislative and monographic research.