O segurado especial e a dificuldade de comprovação da atividade rural: o princípio do in dubio pro misero como garantia ao benefício previdenciário de aposentadoria por idade

Abstract

The Constitution of the Federative Republic of Brazil of 1988 represented, among other advances, a new legal treatment given to the rural worker. The extension of rights and guarantees envisaged with fulcrum in art. 7, caput, of the Magna Carta raised this worker to a position of equality in relation to the urban worker. Incidentally, the retirement pension benefit by age is one of those rights constitutionally listed. Despite this achievement, the reality of the rural worker, especially marked by the high rates of poverty, illiteracy and informal work, is a real obstacle to proving the rural activity required to grant the above benefit. current scenario of the Social Security System, whether in its administrative or even judicial sphere, does not consider such factual hyposufficiencies faced by the so-called special insured. In this way, the proof of the effective exercise of the rural activity, performed by the country, for the granting of the longed-for retirement, becomes an increasingly unattainable goal, unless one has the means capable of effecting it. This is, therefore, the scope of the principle of in dubio pro misero: a true instrument for the realization of the constitutional right of retirement by age to the special insured.