Aposentadoria especial aos servidores públicos

207
1449

CEBRASPE (2022):

QUESTÃO CERTA: A concessão de aposentadoria especial aos servidores públicos será regulada pela Lei n.º 8.213/1991, enquanto não editada a lei complementar a que se refere o art. 40, § 4.º, da Constituição Federal de 1988.

“Amado (2015, p. 567) explicita: Contudo, ante a omissão do Congresso Nacional, o STF passou a prover os mandados de injunção a respeito, garantindo a concessão do benefício especial aos servidores públicos mediante a aplicação das regras do RGPS, constantes dos artigos 57 e 58 da Lei 8.213/91: “Inexistente a disciplina específica da aposentadoria do servidor, impõe-se a adoção, via pronunciamento judicial, daquela própria aos trabalhadores em geral – artigo 57, §1º, da Lei 8.213/91.” (MI 758, de 01.07.2008).”.

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Fonte: https://www.revistas.unijui.edu.br/index.php/desenvolvimentoemquestao/article/view/10687/6533

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