Desvio de finalidade do salário-maternidade.

Abstract

This work versa, on a subject very modern and very important Previdenciario under Brazilian law, which is the maternity-salary. Included among the benefits in the General Welfare, artigo18, I point g of Law no. 8213, to July 24, 1991, the maternitysalary will be reviewed as to their actual diversion of purpose. It is important that study, because it is found that the beneficiaries do not use the money received in the manner prescribed by law. It is the choice of theme as a way to help students of the Social Security Laws vernacular, as doctrinaire theme without solidification, despite being a truly contemporary problem. The methodology will be given through the literature search, based on the best books and texts under the doctrine of employment law and the deductive method, which is part of the analysis of the general aspects of maternity pay for it then highlight the aspects of the purpose deviation of itself. This time, aims to extinction of that misuse, through political awareness and a strict birth control. Initially it will be the history of maternity pay in foreign law with a focus to Brazilian law, bringing an open concept of paymotherhood. Next is considered the current legislation on maternity pay, namely: the Federal Constitution of 1988, Law no. 8.213/91, Decree no. Law 3.048/99 and the novel No. 11.770/08. Later, it will make a correlation of sobreditos points, addressing the misuse of end in itself. It was found that many women are used in pregnancy, most often without planning, with the aim of gaining the benefit of wage and maternity which is considered a valuable aid to the family, and sometimes the main source of income, then used to purchase appliances, furniture and even for small reforms and construction of rooms in the residence of the family.