THE REQUIREMENTS FOR THE CHARACTERIZATION OF THE RURAL WORKER AS A SPECIAL INSURED IN THE LIGHT OF JUDGES JÚPITER, HÉRCULES AND HERMES DE FRANÇOIS OST

Abstract

The purpose of this study is to critically analyze the requirements regarding the framing of rural workers as a special insured, confronting them with the reality of the Brazilian rural area. Therefore, as a methodology, the jurisprudence of the higher courts was researched, exploratory bibliographic research and qualitative analysis were used. In addition, empirical research was carried out, listening to the various actors in the social security processes. Here it will be demonstrated that judges Jupiter, Hercules and Hermes can live harmoniously within the scope of Social Security Law, with space for each one of them, depending on the complexity of the specific case set out. In less complex cases, where the legal text is able to offer the appropriate response to the conflict, it is time for the Jupiterian exegesis to be applied by the interpreter. In hard cases, however, the toga of the first must give way to the toga of the last two, since the literality of the text does not deliver the most appropriate solution to the social security dispute. In this sense, the open type for the characterization of the special insured has the considerable advantage of flexibility, allowing the operator of the law a topic-problematic interpretation, to find the best answer for the specific case, taking into account, therefore, the heterogeneities of this continental country, whose social, geographical, climatic, economic and cultural differences are colossal. The legal system has gradually moved away from Kelsen’s pyramidal metaphor and towards a more horizontal and intertwined normative system - much closer to the sphinx of the Memphis alabaster than to the Cheops pyramid - with interdisciplinarity as a vector of stabilization of the system and this will be demonstrated in this study.