(RE)LUTO: CRÍTICAS A EXISTÊNCIA DE SENTENÇA DECLARATÓRIA DE UNIÃO ESTÁVEL PARA CONCESSÃO DA PENSÃO POR MORTE NO REGIME DE PREVIDÊNCIA DA PARAÍBA

Abstract

Paraíba Previdência - PBprev is the agency responsible for the Special Social Security Regime (RPPS) in the State of Paraíba, with specific legislation regulating its operation and the rules for granting benefits, the State Law 7,517/2003. According to this legislation, in cases of death pension for common-law marriages, the granting of benefits can only occur if there is a declaratory judgment of the common-law marriage. This situation differs from the practices of the General Social Security Regime (RGPS) and significantly disadvantages surviving partners who often rely entirely or primarily on the earnings of their deceased partners. This thesis study aims to understand the similarities and differences between the RPPS of the state of Paraíba and the RGPS, as well as the impact of the state law of Paraíba on people who depend on PBprev and are in common-law marriages. With this analysis, we arrive at the question of whether the requirement for a Declaratory Judgment of Common Law-Marriage for the granting of Death Pension benefits under the State Social Security System of Paraíba, Paraíba Previdência - PBprev, is the correct legal solution. To achieve this, documentary and bibliographic research were conducted, being descriptive to understand the legal and social implications of the topic, and exploratory to refine ideas regarding the subject. The study indicated that common-law marriages emerged in Brazil as a way to facilitate the lives of people forming families informally and subsequently gained greater visibility and importance when included in the constitutional text. Thus, an analysis was made of the treatment provided by PBprev to this legal institute in light of the Federal Constitution, legislation, and legal and social perspectives.