Direito previdenciário e a multiparentalidade: uma análise da (im) possibilidade de acumulação da pensão por morte no caso do reconhecimento socioafetivo

Abstract

The family is one of the institutions that undergoes most change in both internal and external structure. These changes affect the norms that guide family law and consequently social security law and in this context the multiparenthality stands out. This concept was recognized and regularized by the Supreme Court in the General Repercussion no. 622, however this rule gave cause to legal gaps in the sphere of social security law, specifically in what concerns the granting of the pension for death in the General Social Security Policy, considering the legislative changes brought by the Constitutional Amendment no. 103/2019. To develop the present undergraduate thesis the hypothetical-deductive method was used, through exploratory researches, aiming studies through bibliographies in the civil and welfare scope. In this aspect, the present work sought to analyze the possibility of accumulation of pension for death to the dependents of the insured in the case of recognition of multiparenthality, developing on its concept and occasion in the jurisprudences, being verified in front of the requirements of concession of the pension for death in the RGPS, as well as, developed on the (im)possibility of accumulation of pension for death in the cases of multiparenthality. An analysis of the rules, jurisprudence and doctrines reveals the possibility of pension accrual in cases of multiparenthood and the legal requirements must be observed.