Benefício da pensão por morte e os contornos (nada) sociais

Abstract

This course conclusion work aims to analyze the existing complexity regarding the changes suffered in the benefit of the death pension with the advent of legislative changes initiated with more force in 2015 (Law nº 13.135/2015) and mainly with the enactment of EC 103/2019, which became known as Pension Reform. Thus, it starts with a historical analysis of Social Security in Brazil and in the World, analyzing the basic principles of Social Security that affect the Pension for Death, namely Solidarity, Universality, Selectivity and Distributiveness of Benefits and the guiding principle of the Federal Constitution of 1988 , the principle of human dignity. Next, the concept of dependent for Social Security is explored, exemplifying the classes of dependents present in the General Social Security regime and, finally, the negative consequences and social changes that have affected dependents of the death pension benefit, as well as such as the social setback caused in the values of benefits and dependents, demonstrating through judgments of the Federal Regional Court of the 4th Region situations experienced by Brazilians who need to judicialize their requests because the legislative text leaves gaps in several situations that are common in everyday life. It is concluded that the changes brought to the death pension caused not only financial losses, but also moral damages, since the future damages that the changes in the Death Pension will cause to Brazilians were not observed. [resumo fornecido pelo autor]