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The effects of disability retirement on employment relationships present problems of both a practical and legal nature, and call for a systematic and logical interpretation of the rules of labor and employment law. The problems stem from article 475 of the Consolida tion of Labor Laws, which provides that an employee who retires due to disability will have his or her employment contract suspended for the period of tim e fixed under social security laws for the disability retirement benefit to become effecti ve. Under social security law, disability retirement is never permanent, since the constant advances in medical science, new thera pies and technologies, and occupational rehabilitation techniques can allow di sabled workers to recover their capacity to work, with the result that their disability bene fit will be cancelled. Consequently, a majority of Brazil’s labor law scholars and courts take the position that the suspension of the disabled worker’s employment contract is indefi nite, in view of the impermanent nature of the disability retirement benefit. This traditional interpretation, however, has undes irable effects on the triangular relationship created by a disability ret irement: the retired employee, the employer, and the employee hired to replace the dis abled worker. A critical examination of these deleterious effects is necessary to determine if th traditional interpretation of the law establishes, in today’s society, a fair balance amo ng the principles of legal certainty, the dignity of the human person, the social value of wo rk, and private enterprise. There is also the question of whether the tradition al, simplistic, view that disability retirement brings about an eternal suspe n ion of the retiree’s employment contract is supported by the social security legisl ation. The legislation expressly provides that disabled retirees are entitled to return to th eir employment only if they recover completely from their disability within five years. In all other cases (partial recovery, or

Aposentadoria por invalidez: análise crítica de seus efeitos no contrato de trabalho