SOUSA, R. S.; http://lattes.cnpq.br/0031116923002011; SOUSA, Robson Soares.
Resumo:
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.