A concessão do benefício previdenciário pensão por morte na condição de óbito presumido.

Abstract

This study intends to analyze the death benefits concession on the condition of presumed death. It exposes the Social Security as a system that has the scope to alleviate social inequalities, stressing its conceptualization, detailing their regimes and the most representative principles governing the subject. The study focuses on the death benefits, displaying their requirements for granting and cessation. Primarily examines the requirements for granting a pension for presumed death, and slowly stands out the institutes of presumed death and absence, distinguishing them during this work. It emphasizes the presumed death in the civil and social security range each having its unique aspects. It points out the legal consequences in case of reappearance of de cujus, showing the need for the refund of the amount previously received payment in situations that it is confirmed bad faith, it is valid to say that it is up to the judge verify each specific case. Also, it mentions the competence of the Federal Court to judge only the presumed death for social security purposes. In developing, the study uses as a method of approach, the deductive, by analysis of the bibliography related to the content, makes observations of the Institute of Social Security in our legal system, narrowing to the evaluation of the grant of death benefits on the condition of presumed death. As a procedural method it uses the monographic one, which analyzes the practice of granting benefits, exploring all aspects, such as concession, grant beneficiaries, extinction and legal consequences. And as a research method it explores the indirect documentation through bibliographic searches, analysis of legislation, case law, articles and periodicals. So, it demonstrates the importance of the appropriate benefit for the dependents of the insured, since the occurrence of the woe of death, are often helpless.