Notes about the unconstitutionality of the penalty of repeal of civil servant´s retirement pension: violation of the proportionality and the human dignity principles

Abstract

This article intends to analyze whether the administrative penalty of repeal of a civil servant´s retirement pension, which is admitted by the Brazilian Supreme Court, is in accordance to our Federal Constitution or not. Mainly, the conclusion reached is that the penalty is not compatible with the contributive characteristic of the regime of Social Welfare Policy. The penalty also conflicts with the juridical nature of the administrative penalty, which has no retributivity, and with the proportionality principle, because the closure of the social security bond and the confisca­tion of long contributive term are not likely to rectify or reintroduce discipline on government service and are too hurtful. Besides that, depriving someone´s subsistence because of an event not related to his social security bond, and when one is elder or disabled, hardly able to rejoin the labor market, offends human dignity. This issue will be definitely decided when ADI nº 4882/DF is judged by Brazilian Supreme Court.