O benefício de pensão por morte no âmbito do RGPS e as recentes alterações legislativas
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Date
2019-06-07
Journal Title
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Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Previdência social, Segurado, Dependentes, Benefício, Pensão por morte, Social security, Insured, Dependents, Benefit, Death pension