VIEIRA, L. A.; http://lattes.cnpq.br/8373699356450448; VIEIRA, Luân Alves.
Résumé:
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.
