A redução da diferença das regras para concessão de aposentadoria entre homens e mulheres no regime geral de previdência social sob o enfoque da justiça de gênero de Nancy Fraser

Abstract

This research investigates whether reducing the gap between men's and women's retirement rules is in line with Nancy Fraser's participatory parity proposal for a Theory of Justice, in its three spheres: material distribution, recognition, and representation. To answer this question, it establishes the need to deepen the understanding of women's retirement legal norms in Brazil and to contextualize their work in the international context, in addition to analyzing women's labor relations from a class, gender, and race perspective. From a class perspective, it draws on Marxist theory to understand the dynamics of capitalism. In terms of gender, in the light of Gale Rubin's theory, it considers the origin of patriarchy as a cultural product that transforms female biological sex into a product of society. The role of women in capitalist society is identified from the perspective of various feminists, such as: Fraser, Saffioti, Biroli, Federici, among others. On the racial bias, feminists such as Lélia González, Angela Davis and Juliana Teixeira help to identify that the oppression suffered by black women is even greater, when compared to white women. It uses the methodology of historical-dialectical materialism, by confronting these theories, on the plane of the ideal, with the factual reality of women in Brazil. Based on statistical data, it shows that women are largely responsible for caring for people and household chores. Then, they identify that women's work, when performed within the family itself, is configured as invisible and unpaid labor, and, when women insert their labor into the public sphere, they suffer discrimination that is reflected in various ways, such as lower pay, greater difficulty accessing higher positions within companies, among other challenges - which are even greater for black women. Thus, it notes how the intersection between class, gender, and race negatively interferes with women's access to retirement benefits, as well as the values of those benefits. It is concluded that the trajectory of bringing retirement rules closer together between the sexes has a closer relationship with ultra-liberal thinking of restricting social rights, and is not in line with the theory of justice proposed by Nancy Fraser, since the principles that she lists are not being observed, namely: anti-poverty principle, anti-exploitation principle, income equality principle, leisure time equality principle, respect equality principle, anti-marginalization principle, anti-androcentrism principle. Therefore, this change is not in line with the gender justice proposed by the author