Possibilidade jurídica de concessão de salário maternidade ao homem como instrumento garantidor da igualdade de gênero.

Abstract

This study aims to analyze the possibility to extend maternity payment to man in order to ensure gender equality. Welfare legislation is examined, evaluating maternity payment characteristics and requirements, searching judgments of Brazilian courts on granting welfare benefit to man, in cases where the woman has not maintained the child custody for preclusion or refusal. The judged understand the granting of benefit excelling for equality between man and woman, outweighing the human dignity and child protection principles, supported by the Federal Constitution, emerging to the needs and social inclusion of the child must prevail over the strict sense of the welfare law. Therefore, the deductive method was used through literature review of legislation and jurisprudence, starting by granting the benefit in general, specifying to granting to man. The study concludes that the benefit should not be granted merely based on the strict sense of law, but that the judge, considering the case, decides based on consideration of principles, granting the benefit to man since the direct beneficiary of good is the child.