O benefício de pensão por morte no âmbito do RGPS e as recentes alterações legislativas

Abstract

The purpose of this article is to address the recent legislative changes in the social security benefit of death pension in the context of the General Social Security System. Through a brief time line, which encompasses the emergence of Brazilian Social Security from the Eloy Chaves Law to the promulgation of the Federal Constitution of 1988, an analysis of the criteria and assumptions was made for the configuration of the right to benefit both in Organic Law (LOPS) of 1960 as well as in the current Benefi t Law (Law nº 8.213/ 91). Social Security, the constitutionally recognized social right of the citizen, is the main arm of the State in effecting the Principle of the Dignity of the Human Person. The constant social and econo mic transformations made the legislator, under the premise of sustainability of the system, adapt the rules granting the benefit over the years. Thus, in view of the changes introduced by Law 13.135, of July 17, 2015 in the social security legislation, as well as the changes in the constitutional text that PEC n. 06/2019 intends to materialize, the objective of this study is to determine if such changes caused a restriction of the rights of dependents of the RGPS insured.