As repercussões do reconhecimento de filiação post mortem no âmbito da data de início do benefício previdenciário de pensão por morte.

Abstract

This paper aims to assess the compatibility of social security and civil norms with the constitutional principles of protection for incapacitated individuals. In summary, the study focuses primarily on the impact of the 180-day statute of limitations for the granting of death pensions in cases of posthumous recognition of filiation, as stipulated by Law No. 8.213/91. Furthermore, the research adopts a qualitative approach, based on bibliographic and deductive methodology, to investigate legislative developments and the jurisprudential application related to the topic, as well as potential conflicts between social security and civil law. The study also analyzes the legal protection offered to incapacitated individuals and the contradictions between social security legislation, which imposes statutes of limitations, and the constitutional principles of equality and full protection. The findings highlight the need for a deeper debate on mitigating statutes of limitations and adapting social security norms to better protect incapacitated individuals, thereby contributing to social justice and the realization of fundamental rights.