A pensão por morte decorrente da união homoafetiva.

Abstract

The recognition of relationships homoafetivas as the family, through the principles embodied in the Constitution of 1988, such as human dignity, equality, freedom and diversity of family forms. The Social Security Law stands out by court order, which begat Instruction No. 25/2000, in order to regulate the granting of a pension for death to homosexuals living together. Thus, this study sought to enter to give an overview of how the grant has been held by the pension death in favor of the homosexual partner. The study used the deductive addressing general questions for the particular knowledge, the research technique used the indirect documentation covering the research literature, documentary and case law. Furthermore, we noticed that recently the recognition of a stable union for homosexual couples became a facilitator in the process of granting the benefit of pension on death. However, before the recognition of homosexual law marriage by the Supreme Court found that the dependents of the insured had homosexual rights actually recognized in the field of jurisprudence, despite the gap in the legal system. Therefore, the current recognition of the stable union between homosexual meant that legally guarantee the award of death pension to the dependents of deceased insured in such cases.