Concessão do salário maternidade ao segurado do sexo masculino: um estudo sobre a lei 12.873/2013.

Abstract

This is monograph, aimed to research about the changes on the resulting maternity pay of Law 12,873 of October 2013, more specifically, granting maternity pay to the insured male. In seeking answers to the concerns raised as problematic research, we used the bibliographic methods, with the use of doctrines, evolutionary history to demonstrate the emergence and the evolution of maternity pay, the comparative method to make a parallel between the ancient language that had about maternity pay and adopted the new conjecture about this benefit, the legal exegetical method to the interpretation of provision of Law 8213/91 of Law 12,873 / 2013, as well as other laws of other devices. Faced with recurring changes resulting from a modern society in which we live, the right sometimes becomes flawed in many respects, for failing to accompany these changes. Therefore, the legislature should immediately change, create and / or terminate rules whether or not suited to the social reality. A case of changing standards highlight the rules on maternity pay, which was recently modified in consequence of the emergence of new family arrangements. Until 2013 the law was silent on the need that children had to be accompanied by parent when private care mother figure. However, our courts had already adopting favorable to the granting of maternity benefit equally to the father based on the principles of Equality and human dignity understanding. Lucky, the legislature was quite happy to convert MP 619/2013 in Law 12,873 / 2013 that, finally, finally came a stir that was already dragging for some time, which is the granting of maternity pay to the insured male , when in the case: single parenting, single parent family, widowed father, homo-affective communion, these cases that the child needs special care from the natural or adoptive parent.