O enquadramento previdenciário do índio no Brasil: análise da sua qualidade de segurado numa perspectiva crítica à luz da cidadania social
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Date
2015-10-23
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Universidade Catolica de Salvador
Abstract
Having social citizenship as background, this research promoted a critical analysis of the legal and social security relationship between the State and indigenous peoples in order to see how the insured status of such peoples are presented by the General Regime for Social Security. After determining the field of analysis, the object of the study suggested the need for a qualitative approach to carry out the research. The methods employed for analyzing the phenomenon included literature review and document analysis. The study revealed that due to other pressing agendas related to the indigenous peoples, social security issues have been neglected not only by the State, but also by the concerned ones. On the other hand, the importance of social security was acknowledged as it is through such means that the State maintains citizens affiliated to the system in some contingencies of life. As a social policy, social security reaches the families of the insured ones. From this perspective, the present research was divided into three parts. Firstly, a historical overview of the relationship between the State and the indigenous peoples was outlined (from the colonial period up to the 1988 Constitution), having books and public documents as theoretical support. Secondly, the General Regime for Social Security was analyzed without disregarding its contextualization linked to the crisis of the State and to the Welfare State. Such analysis was carried out by using specific books on social security and on the crisis of the State. Thirdly, and also by researching via public documents and administrative acts, the insured status of the indigenous peoples was analyzed in order to find out whether it needs to be adapted by the administrative viewpoint. In the final considerations, the research hypothesis was confirmed by disclosing that the adjustment of indigenous peoples into the General Regime for Social Security is inadequate.
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Keywords
Direito previdenciário, Social Security Law, Índio, Indigenous peoples, Qualidade de segurado, Insured Status, Direito à diferença, The right to be different, Cidadania social, Social citizenship