Aposentadorias por incapacidade para o trabalho e as readaptações para exercício de cargos na UFPel: um olhar à luz da Reforma Previdenciária (EC n° 103/2019)

Abstract

Social security, throughout its history, has undergone several transformations. These changes are the result of the need of constant evolution tranformations in Brazilian society, especially with regard to social, political, and economic aspects. The Federal Constitution of 1988 (CF) was marked by a new era of the public servants' social security. Furthermore, in the period after its promulgation, several restructuring episodes occurred in which the general rules brought transition rules for public servants through the Constitutional Amendments (EC). The changes brought about by the most recent reform, resulting from Constitutional Amendment n° 103 of November 12, 2019, have had a significant impact on retirement policies, particularly regarding disability retirements. This type of retirement, as provided for in the current wording of the 1988 Federal Constitution, is guaranteed to workers who have suffered some physical or mental limitation; on the other hand, readaptation emerges as a viable alternative for individuals with disabilities to continue contributing to society by performing functions compatible with their restrictions. This dissertation aimed to understand the perspective of the staff of the Pro-Rectory of Human Resources Management (PROGEP) at the Federal University of Pelotas (UFPel) involved in disability retirement and job readaptation processes, considering the current legislation, in order to identify how these professionals experience these procedures. The research method used was a qualitative study of a descriptive-exploratory nature. In addition to documentary research, data was also collected through semi-structured interviews with the subjects, namely nine PROGEP/UFPel staff members directly involved in the processes in question. After conducting the inferences and discussing the results, based on the subjects' responses, it was possible to identify the main challenges faced by them in the disability retirement and readaptation processes. It was reported that most of the servers retired due to disability face a financial downgrade and that the process of assessing work capacity is complex and requires multidisciplinary monitoring. The lack of clear national guidelines, in addition to the high specificity of positions in the university, makes readaptation difficult. Furthermore, UFPel still does not have specific institutional policies to deal with changes in social security. Despite this, it offers individualized support to servers with health problems. In the end, as an intervention proposal, this work proposed a practical guide with recommendations in order to assist servers at all stages of the disability retirement and readaptation processes, from diagnosis to the conclusion of the processes, contributing to the university's human resources management and to the optimization of these procedures.