A aplicação coordenada das teses firmadas nos temas 452 do Supremo Tribunal Federal e 955 do Superior Tribunal de Justiça para afirmação da previdência complementar como direito fundamental

Abstract

In this article, the proposal - given the centrality of fundamental rights and their complexity in modern democracies (polyarchies) - is to highlight the complementary pension as a fundamental social right, regulated in an autonomous microsystem, being imperative to the operator of the law, even in case of judicialization, pay attention to the stability of such a microsystem. The objectification of demands in case of RE with general repercussion or REsp affected by the repetitive system brings such demands closer to North American hard cases. Bearing in mind the principle of collegiality, especially in judgments signed by the majority, it is possible to see in the reasons for deciding different ideologies to subsidize correlatedly diversified foundations. The signed thesis may or may not find receptivity outside the legal environment (theory of institutional dialogues and judicial reputation). The judgment of Theme 452 of the STF and of Theme 955 of the STJ was chosen for study, recommending the coordinated application of theses, through the technique of weighting and the principle of practical agreement, in order to reaffirm the closed supplementary private pension as a fundamental right and, thus, promote the stability of prospectively affected plans.