The Migration of the Social Security Regime as an Element of Sustainability and the Constitutional Amendments to Social Security and Their Legal Aspects and Attraction to the New Model

Abstract

This article explores the increasing relevance of the complementary pension system in the Brazilian legal and economic context, emphasizing its role as an essential mechanism for ensuring the financial and actuarial balance of public pension schemes. Beyond its importance in maintaining the sustainability of pension systems, the complementary regime also plays a significant role as a long-term domestic savings promoter, thereby functioning as a driver of national economic and social development. The study is grounded on Article 202 of the Federal Constitution, which sets forth the structural foundations of the complementary pension system, highlighting its fundamental characteristics, such as its voluntary nature, contractual basis, and autonomy from the general social security regime. The article further analyzes the effects of the transition between pension regimes, focusing on the challenges related to parity and benefit completeness, institutions that underwent profound changes with the enactment of Constitutional Amendments No. 41/2003, No. 42/2003, and No. 103/2019. The research identifies both the advantages and drawbacks of these reforms, particularly with regard to financing mechanisms and the redefinition of the State’s role in social protection, stressing the impact of the repeal of transitional rules introduced by Constitutional Amendment No. 103/2019. In this context, the study provides a critical reflection on complementary pensions as a tool for actuarial balance and, simultaneously, as an instrument for strengthening the social security system and fostering sustainable economic growth.