Filiação socioafetiva e o direito à pensão por morte.

Abstract

and forms of kinship. In this perspective, the doctrine and jurisprudence have recognized socio-affective parenthood and the possibility of coexistence between it and biological parenthood through the institution of multiparenthood. This civil law phenomenon reverberates in the field of social security law, particularly regarding the dependent relationships for granting death benefits from the General Social Security Regime (RGPS). This issue is surrounded by legal gaps; therefore, this study aimed to understand how the Brazilian legal system and the RGPS accommodate socioaffective filiation for the purpose of accessing death benefits. To do so, we provided an overview of the requirements for granting death benefits, elucidated the phenomena of socio-affective filiation and multiparenthood, and finally analyzed the positions of the National Social Security Institute (INSS) and the Judicial Courts regarding the (im)possibility of granting death benefits to socio-affective children. For this study, we used a deductive method with a qualitative approach, based on a bibliographical and documentary research. Through the analysis of legislation, doctrines, and jurisprudence, it is evident that INSS resists granting the benefits to socio-affective children through administrative procedures. There is also a favorable understanding for granting benefits by the Regional Federal Courts, based on the principles of human dignity and equality in filiation, including the possibility of cumulating pensions. Despite the fact that jurisprudence is often ahead of legislation, the issue of socio-affective filiation for social security purposes still lacks explicit support in the current Brazilian legal system.