Aplicação da declaração de indignidade nas relações jurídicas previdenciárias.

Abstract

The declaration of unworthiness is a legal institution that is closely intertwined with the moral relations and the Law of Succession, in the latter case, finding the regulation relevant to their particularities. In turn, the possibility of expanding its application to similar hypotheses, situated in legal relations of another nature, it must be achieved in the face of justice, legality and conformity to legal and social principles. In this step, it takes this analysis to the realm of social security relations, where the benefit of a beneficiary may be the offender himself the settlor of a death pension, for example, given the gap in the provisions of the RGPS. During the presentation of the work, analyzes the applicability of indignity in cases where the beneficiary of a death pension will commit an act against the settlor of this benefit in being his kinsman. According to the existing premises, systematizes the work in the exhibition of the foundations of unworthiness and general traits relating to social security relations, so its elements converge in harmony to the problem raised before the gap RGPS for grant of pension for death. The methodology is used to approach the hypothetical-deductive method, based on research literature and documents which express the case, the procedures offered by embarking method and historical monograph. Anyway, it was noted in the discussion of the topic that can be applied to the indignity analogous case when the grant of death benefits, in accordance with the dictates of legal hermeneutics, the theory of the dialogues of the sources and legal principles and social, in order to adapt the law to these facts emerging.