Os meios de prova da constatação do agente nocivo "ruído" para fins de concessão da aposentadoria especial

Abstract

This is a dissertation, whose subject is based on a detailed analysis of the worker's right regarding the means of proof of the finding of the harmful agent "noise" for the purpose of granting special retirement, of the General Social Security System (RGPS), in accordance with the requirements of the social security legislation, according to several changes over time. Since when special retirement was instituted, it has focused on preventing the health of the worker, who, after reaching the minimum exposure time, is removed from the harmful environment before suffering serious damage to health and/or physical integrity, caused by aggressive agents, applying the Precaution/Prevention Principle, a means of avoiding serious illness and premature death from its exposure. To this end, this academic work was valued for succinctly explaining the evidence of the finding of the harmful agent "noise" for the purpose of granting the special retirement, provided for in the RGPS, as well as praising the important role of contingency and improvement of its social security issues. in the Administrative scope and by the country's judiciary, as well as its various legislative changes and controversial issues related to the matter, demonstrating the various periods of regency and applicability to each new legal excerpt created. Therefore, the development of the theme is discussed, for a better discernment of the legislative change in time and its evolution in the Brazilian legal system, appreciating the most important changes that have occurred until the present day regarding the Special Retirement by Noxious Agent Noise and its conditions