DIREITOS PREVIDENCIÁRIOS DA MULHER SEGURADA ESPECIAL: A DUPLA INVISIBILIZAÇÃO E A COMPROVAÇÃO DA ATIVIDADE RURAL

Abstract

This study aims to analyze the challenges faced by women classified as special insureds, particularly female farmers and fisherwomen, in accessing social security benefits in Brazil, with emphasis on the double invisibility they suffer for being both women and rural. Despite the normative advances brought by the 1988 Federal Constitution of Brazil and subsequent social security legislation, the effective realization of these rights still encounters significant obstacles. Among them are the informality of labor relations, the lack of documentation in their own names, and the historical devaluation of women’s work. The methodology adopted combines bibliographic and documentary research, including legislation, legal doctrine, case law, and official statistical data, which makes it possible to relate the legal aspects to the social reality faced by these insured women. The findings show that the INSS bureaucracy reinforces such barriers by demanding documents that do not reflect the actual conditions of rural and fishing activities, resulting in high rates of benefit denials and forcing many women into judicial proceedings. Although case law has incorporated advances in the recognition of gender perspective, the limits imposed by legal requirements and evidentiary formalism remain. It is concluded that the exclusion of rural women from social security goes beyond bureaucratic obstacles, reflecting broader social and cultural inequalities. Overcoming these barriers requires not only a more flexible approach to evidence but also the effective incorporation of gender perspective in both administrative and judicial practices, in order to guarantee full social protection as provided by law.