SOCIAL AND LEGAL HYPOSUFFICIENCY OF THE SPECIAL INSURED: A SOCIOLOGICAL ANALYSIS OF THE CONSTRUCTION OF SOCIAL SECURITY RIGHTS
Special Insured, Rural Social Security, Family Farming, Hypo-sufficiency, Rural Social Security
The present work aims to analyze how social security rights were established for the special insured, family farming worker, taking into account the vulnerability profile - hyposufficiency - of these subjects. The 1988 Constitution established equal guarantees for urban and rural workers, but the history of construction of these rights shows that there was a time lag in relation to social security rights between urban and rural workers, as there was also between rural salaried workers and family economy workers. Therefore, this observation takes into account the elaboration of laws since the beginning of the 20th century, to understand how and which groups were included in this process, reaching the Federal Constitution in 1988, which reflected its guidelines for subsequent laws, which also impacted the production of these rights, as well as the way to prove these conditions in light of legal requirements. Therefore, this is a sociological analysis of social security rights for special insured people, this new type of insured person created by Law 8,213/1991, which is linked to work in the family economy, through family farming effectively created in 2006. From the point of view of Social Security Law, the location of the worker in this category allows him to participate in the Social Security system as a special insured. This participation guarantees social security protection, even without contributions towards the cost of their social security, for the entire family group. This is a right guaranteed and supported by the application of the principle of protection for the poor, a basic principle for Social Assistance, but applied to the special insured, with a social security nature. Thus, through the analysis of laws prior to the current Constitution and the production of subsequent laws, the aim is to demonstrate that the condition that recognizes this worker as holder of such rights comes from the reading of the social processes experienced by him, with the relevant perception that exceptionality the non-contribution provided for by law is the result of their need, which we identify as hyposufficiency.