AVALIAÇÃO DA VIABILIDADE JURÍDICA DE OFERECER AOS TRABALHADORES A ESCOLHA ENTRE O REGIME GERAL DE PREVIDÊNCIA SOCIAL E O REGIME COMPLEMENTAR

Abstract

This paper assesses the legal feasibility of allowing Brazilian workers to freely choose between the General Social Security System (RGPS) and the Supplementary Regime as the primary means of funding their retirements. The research is based on a qualitative analysis, supported by a literature and legislative review, covering the Federal Constitution of 1988, Constitutional Amendment N°. 103/2019, and the regulations governing supplementary pensions, such as Complementary Law N°. 109/2001. The study highlights the benefits that opting for the Supplementary Regime may offer, such as income supplementation, tax incentives, and flexibility in investment management, providing workers with greater control and personalization of financial planning. However, significant risks are also identified, such as the potential lack of social protection for low-income workers, exposure to market risks, and challenges related to the proper financial management of pension funds. Finally, the paper concludes that transitioning to a system in which the Supplementary Regime is a primary option would require a series of legal and institutional reforms, along with measures to ensure the financial sustainability of the RGPS and protect the most vulnerable workers. The coexistence of both regimes may be a viable solution, provided mechanisms are implemented to ensure a balance between social protection and pension flexibility.