In Brazil, come out of retirement it is the act that consists in to cancel of granting retirement,  in order to take advantage of the new time of contribution in the same system pension or other, and to allow therefore the acquisition of more advantageous benefitsⁱ. The doctrine points two circumstances that could lead to the desire to come out retirement by initiative of insured, namely the intention to change of pension system or the desire to increase the value of the benefit received. This last hypothesis is applied basically for cases of proportional retirement for years of contribution and for age, situations in which the reckoning of contributions made after the enjoyment of the benefit, if incorporated, imply an increase in the installment of pension benefit to be received ⁱⁱ.

There is much discussion about the appropriateness or otherwise of act to come out retirement the Brazilian social security system. The current-counter, adopted by the Instituto Nacional da Seguridade Social (INSS), argues that retirement appears as a perfect juridical act and there is no express legal provision for its undoing, so that to come out retirement, it exist a commitment of legal certainty. Moreover, the trend in favor to come out retirement, it has prevailed, it is understood that retirement consist in property law and therefore waivable. Besides, compared to the silence of the law, the omission must be interpreted in favor of the insured, not againstⁱⁱⁱ.

Currently, however, the fiercer discussion, it's centered the need or not of return of amounts received during the enjoyment of the retirement benefit. At this point, there who would understands to need to return values, arguing it would provide the insured the status quo ante for the perception of new benefit and preserve the financial stability of Social Security. In this sense, has already shown how Turma Nacional dos Juizados Especiais Federais^iv.

On the other hand, others argue that come out of retirement, it's prescind the return of amounts received during the duration of benefit, because the act of resignation takes effect ex nunc and while retired, the insured had a legitimate right to the proceeds. In addition, the pension benefit retirement presents nature food, so that it would make sense that the insured, to waive it for ulterior motives, it had to take on debt exorbitant and unfair. This understanding, even adopted by the Superior Tribunal de Justiça^v, it seems wiser, since it does not offend the vested right of the insured to installment perceived by him, properly while he was in the enjoyment of the benefit.