Fábio Lopes Vilela Berbel

Practice Areas

Social Security, Labor and Capital Market

Languages Spoken

Portuguese, English and Spanish

Career

Partner at Simões, Caseiro, Berbel e Bragança Advogados

Partner at Bichara Advogados

Partner at Vilela Berbel Advogados

Professor at UEL - Universidade Estadual de Londrina

Professor at UNOPAR - Universidade Norte do Paraná

Professional Memberships

Member of the São Paulo Institute of Lawyers - IASP

Member of the Deliberative Council of ICATU FMP

Deputy Director of Judicial Practice of the Brazilian Institute of Social Security Law (IBDP)

Publications

General Theory of Private Pensions

The book investigates private pensions using the categories of the General Theory of Law. Before testing its characteristics, private pensions are contextualized within Social Security and identified as a non-linear and chaotic relationship. Once the ontological characteristics have been defined, the book tackles issues that have hitherto been neglected by the doctrine. The characterization of the plan as a company leads to the study of the plan's internal and external elements. The legal relationships of private pension plans are analyzed from this context, justifying an innovative and logically interesting discourse.

General Theory of Social Security

'One of the great merits of this book is that it presents the entire Brazilian social security context in a didactic way, emphasizing Social Security. I would like to highlight an innovation brought from Spanish law by the author, which consists of the escisionista theory. This theory, duly analyzed in the book, presents us with two degrees of social security legal relations. In one of them, the insured is the active subject; in the other, they are the passive subject. This assertion brings a new approach to obtaining benefits from the INSS, favoring the insured in a fair way, but still safeguarding the counterpart rule (contribution/benefit). The legal/sociological and insurance aspects of social protection are concatenated with unparalleled lucidity. - Arthur Bragança de Vasconcellos Weintraub (Master and Doctor in Social Security Law)

Expert in these Jurisdictions

Brazil

Education