Auxílio-doença parental e sua possibilidade de concessão aos segurados do regime geral de previdência social

Abstract

Since the enactment of the Federal Constitution of 1988, social rights in Brazil have come to be treated as fundamental rights, because the dignity of the human person has been privileged as the center of the Brazilian legal system. In this context, social security appears as one of these social rights, with social security being the protection of the insured against misfortunes such as illness, disability, old age, death, etc. However, assuming that Brazil is constituted as a social State, social security rights must be articulated with the principles of human dignity, social solidarity and equality, in order to promote well-being and justice Social. For this purpose, as methodological aspects, the deductive method guided the present study, using also the interpretative procedure and the bibliographic research as a research technique, to construct the theoretical reference of the present study. Under this approach, the objective of the research is to discuss parental sickness assistance, with a view to verifying its compatibility with the constitutional provisions on social security, in order to affirm the possibility of granting such benefit to the insured persons of Social Security. In this perspective, parental sickness benefit, a benefit granted to the insured who, because of the need to care for any member of his family, is unable to continue working, is a recent social security benefit that, although not yet regulated legal, has been defended by great part of the doctrine, possessing a progressive reception jurisprudential, for being a measure of effectiveness of the dignity of the human person and social justice. For this, as methodological aspects, the deductive method guided the present study, also using the historical and interpretative methods as methods of procedure and the bibliographic research as a research technique, in order to construct the theoretical reference of the present study.