A FAMÍLIA MARGINALIZADA E A EFETIVIDADE DOS DIREITOS PREVIDENCIÁRIOS: CRÍTICAS À AUSÊNCIA DE RECONHECIMENTO JURÍDICO ÀS UNIÕES CONCOMITANTES

Abstract

The family institution is one of the oldest and most fundamental in our society. Over the years, its structure has been remodeled and redefined, and the traditional model, consisting of parents and children, is gradually losing prominence, giving way to more diverse family arrangements. Among these new family models, parallel families stand out. In simplified terms, these families occur when an individual who is already in a marriage or stable union, without ceasing this primary bond, starts a union with a third person with hom they also live as a family. When these simultaneous relationships come up against the judicial sphere, a debate emerges about the recognition and legal effects of these relationships. Given this context, the aim of this paper is to investigate the possibility of recognizing parallel unions in the context of social security law, especially in relation to the concession of death pensions. For this purpose, a qualitative descriptive approach was adopted, using the deductive method and documentary and bibliographic techniques. Throughout the chapters, the new family contours, the foundations and guiding principles of social security were analyzed, and finally the repercussions of jurisprudence and doctrine regarding the apportionment of death pensions in parallel stable unions were presented. The results obtained from this analysis reveal a gap in Brazilian legislation and case law in relation to the recognition and legal effects of parallel unions, especially in the social security context. Despite legislative and social advances, there is still resistance to recognizing these structures as family entities and granting them the corresponding benefits and rights. Therefore, it is clear that the current legal approach reveals a prejudiced and outdated bias, which disregards social realities and the rights of the parties involved. In this sense, it is imperative that the state acts as a facilitator in recognizing new family forms, ensuring justice and fairness in the treatment of the various family configurations in contemporary society.