Direito Previdenciário
Core concepts
The RGPS has mandatory insured persons (employee, domestic, individual contributor, avulso, special) and facultative ones, plus dependents (art. 16 of Lei 8.213). Distinguish filiacao from inscricao, and carência (number of contributions) from quality of insured. Benefits: age, contribution time, special and disability retirement, with EC 103 transitional rules; auxilio-doenca; auxilio-acidente; salario-maternidade; pensao por morte; and the non-contributory BPC/LOAS.
Financing: salario de contribuicao, contributions, decadencia (art. 103) and prescription. Study NTEP, PPP and special retirement, plus the periodo de graca (art. 15) after loss of quality. In court, competence follows art. 109 CF and the 60 minimum wages limit for federal small claims.
Traps
The most frequent trap is carência for the rural salario-maternidade: the special insured must prove ten months of rural activity. Another is the loss of quality and the extension of the periodo de graca. Auxilio-acidente is indemnitary and may be accumulated with retirement (Súmula 507 STJ).
Rule of thumb
Check quality of insured, then carência, then the triggering fact. Worked example: an employee dismissed in 2020 who contributes as individual in 2021 keeps the periodo de graca and the contributions already counted.