PIMENTA, M. L.; PIMENTA, Marília de Lima.
Résumé:
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.
