O benefício de pensão por morte pós reforma da previdência: uma análise à luz dos princípios fundamentais

Abstract

This monographic work analyzes the 2019 Pension Reform, which was implemented through Constitutional Amendment No. 103, which brought substantial changes to the Death Pension benefit, resulting in a significant reduction in pension values. It uses a qualitative approach, with bibliographic and documentary research, including analysis of legislation, books, scientific articles and academic productions. Data were collected through critical readings, followed by comparative analysis of legislation before and after the reform. The death pension benefit is granted to the dependents of the insured person, whether retired or not, who dies. This benefit is expressly provided for in article 201, item V of the Constitution. Its purpose is to replace the income that the deceased insured provided, thus guaranteeing the means of subsistence for his or her dependents. Therefore, given the fundamental role of social security pensions in guaranteeing economic stability and promoting a dignified life for the dependents of deceased insured people, the question arises about the constitutionality of the changes introduced by this reform. Therefore, this study analyzes the consequences of the Social Security Reform and focuses on evaluating the implications of these changes in light of the constitutional principles that govern the Social Security System, principles that are aligned with the concept of the Social Welfare State adopted. in Brazil. The work comes to the conclusion that the changes made to the death pension institute not only constituted an affront to the basic principles of the Federal Constitution, but also resulted in losses not only of a financial nature, but also of a moral nature, lacking due consideration of the long-term impacts period that these changes will cause to citizens and Brazilian society as a whole.