Abstract

BARREIRO VILLABONA, Pablo. Access to retirement of self-employed and action of proceeding for relief. And some issues regarding the financing of social security. Rev. Fac. Der. [online]. 2021, n.52, suppl., e307.  Epub Dec 01, 2021. ISSN 0797-8316.  https://doi.org/rfde2021n52espa12.

The purpose of the paper is to deal with the difficulties faced by "non-dependent" workers to have access, in certain cases, to social security benefits within the scope of affiliation to the BPS. A critical view is presented regarding the legal arguments put forward by the BPS in this situation, because the position of the social security body is not entirely consistent with the way in which these items are financed, since they are not completely covered by employer and personal contributions, since they also are considerably financed by earmarked taxes and central government assistance, a circumstance that should be made transparent and acknowledged by the social security body. Based on the concept of the enjoyment of the pension benefit as a fundamental right, constitutionally recognised, the possibility is analysed of "non-dependents" being able to appeal to the action of action of proceeding for relief in order to gain access to it.

Keywords : social security; human right; contributory benefits; financing; action of proceeding for relief.

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