Auxílio-reclusão: perspectiva filosófico-constitucional no ordenamento jurídico brasileiro
AUTOR(ES)
Marília Gabriela Vergal Camarinha de Andrade
DATA DE PUBLICAÇÃO
2009
RESUMO
This is a study about the reclusion-aid guaranteed under social security law from a constitutional perspective. This study aims to inform the legal community about the importance of providing this benefit to a prisoners relatives and the consequences of withholding the reclusion-aid benefit. In spite of the fact that the reclusion-aid was introduced in the Federal Constitution of 1988, there is not sufficient doctrine regarding the social security law and virtually no doctrine pertaining to such entitlement of the social security benefit. This particular benefit aims to assist the prisoners dependent relatives with their food and basic living necessities and should not be confused as any type of monetary reward to the prisoners dependent relatives. To that purpose a survey of doctrinaire and case law studies was conducted and focused primarily on the historical birth of the social protection known as the reclusive-aid benefit. Furthermore, the study outlines the evolution and changes of the benefit up to its current form today. After thorough analysis and comparison of the protective legal connection and the theory of the precept-matrix incidence, Constitutional Amendment no. 20/98 demonstrates a fault in legislative technique by diminishing and limiting the reclusionaid benefit to the dependent relatives. There is a need to provide the social assistance benefit to the family of the prisoner regardless of the financial status of the prisoner or dependent. always using the proportionality principal as a main foundation, in order to contribute to the poverty and the social inequalities eradication. After an in depth study of the proportionality principal a judgment should be rendered in favor of the reclusive-aid benefit being extended to the dependents regardless of the financial status of the prisoner or any dependent in order to eradicate the social inequalities and poverty that may likely result from an incarceration of a family member
ASSUNTO(S)
reclusion-aid direito auxilio-reclusao previdencia social -- brasil ordenamento jurídico seguridade social -- brasil
