O menor sob guarda e seu direito à percepção do benefício de pensão por morte.

Abstract

This present work has the purpose of analyzing the current social security situation in the legal system submitted to the judicial custody when its guardian dies. The prominence of the issue lies in the significance of these individuals for the formation of the society and the likely social consequences generated compared to today’s conjuncture of exclusion of the children and teenagers from the list of dependents for the social security purposes of the law number 8.213/91. It is intended the analysis of the Social Security Benefits law faced with the Federal Constitution as well as the Statute of Children and Adolescents, in search of a possible solution to the normative antimony between these legal acts. That is because the lifetime of the legislative change which subtracted the underage in custody is against the protective and priority nature of our legal system when the issue is about children and adolescents. It is going to be aimed the analysis of the guard institute by demonstrating its significance in the protection of children and adolescents, essentially weaker individuals due their natural state of physical and mental development. Another point to be exposed is going to be the benefit of death pension, source of income as well as, in some cases, mean of subsistence to those who depend economically from the insured. In the analysis under discussion will be applied the deductive method, and the techniques of historical, monographic and comparative procedure. After the approach of every single point, it came to the conclusion by the fundamental significance of a financial support provided by the State to children and adolescents who see themselves deprived of the protection of their guardian guaranteed by the Constitutional principles and commandments.