Benefícios assistenciais e previdenciários ao portador de HIV.

Abstract

He welfare and assistance benefits are instruments of social justice of unique importance in the context of Brazilian law as assist in the protection of individuals at social risk, these individuals are among those with HIV, individuals who still suffer from the social and labor with a strong bias . Thus, the issue presented is the possibility of awarding these benefits is not so heavily tied to medical opinion, which is becoming a decisive factor in these awards. Thus, the purpose of this study is to analyze the ported as part of HIV hipossuficiente and unprotected in the workplace, before the prejudice and stigma of the disease. As well, attempts to demonstrate the possibility of HIV-positive receive welfare benefits and social security are insured by the Federal Constitution of 1988 and in ordinary legislation. To do so, as the research method we use the inductive method, starting with specific data, with the aim of reaching conclusions more comprehensive. In addition, it uses the technique of research through indirect documentation, research documents and literature. However, from the detailed interpretation of the Constitution of 1988 and seek the legal effectiveness of the rule at the expense of legalistic overkill.