RELAÇÕES HOMOAFETIVAS E PENSÃO POR MORTE: UM ESTUDO SOBRE A CONCESSÃO NO REGIME DE PREVIDÊNCIA DA PARAÍBA - PBPREV

Abstract

The recognition of same-sex relationships in Brazil, especially in the context of Social Security Law, represents an important achievement in the fight for equal rights and social justice. Historically, same-sex unions have been invisible and without any legal protection. In this research, we present as our main focus the study of the procedures and requirements for granting survivor's pensions to same-sex couples in Paraíba Previdência (PBPrev), comparing them with those applied to heterosexual couples. The main objective of the work is to analyze, from a historical and legal point of view, same-sex relationships in the context of social security law, with special attention to survivor's pensions. Thus, we propose to present an analysis that demonstrates how the fight for equal rights for LGBTQIAPN+ people has been fundamental to the construction of a fairer and more inclusive social security system. During the development of the study, it was possible to understand how the legal recognition of these relationships impacts access to pensions, evaluating the historical trajectory, the main legislative and jurisprudential changes in Brazil and in PBPrev's own legislation, in addition to the challenges that still exist. The methodology adopted in this research included a semi-structured interview with a professional working in the social security agency, in addition to the historical and documentary analysis of legislation and judicial decisions. The interview aims to obtain a personalized view of the challenges and specific criteria adopted by the agency regarding proof of stable union and marriage for the purposes of granting a survivor's pension. Based on the analyses, it was possible to perceive that the social security agency does not have a legal difference regarding the granting of survivor's pensions between same-sex and heterosexual couples. Despite this, it is worth noting that the Judiciary ends up playing a role that should be played by the Legislature, which should draft clear and inclusive laws to guarantee equal rights, such as survivor's pensions for same-sex couples. The absence of specific legislation results in legal uncertainty, making beneficiaries susceptible to inconsistent court decisions and making it difficult to enforce fundamental rights, especially for sexual minorities.