Licença remunerada aos segurados do regime geral de previdência social para tratar de doença em pessoa da família: análise à luz do ordenamento jurídico brasileiro

• Autor(a) principal: Ferreira, Carina Genovez
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6077
• topic: Previdência; Previdência Social; Legislação

The present study has as main objective to analyze the viability of the extension of the concession of the benefit of paid leave in family illness to the insured person of the general social security regime based on the benefit provided to the federal and state civil servants, linked to the regime pension plan, due to the absence of specific regulations for those. Thus, in terms of level, the exploratory nature was used, aiming to create familiarity with the object of study. As for the approach, the qualitative one was used, in order to know the perceptions of the researched subjects regarding the problem situation. The procedure used for data collection was bibliographic and documentary research, making use of the theories published in several sources, to develop the problem. The results of the study were obtained from the analysis about the possibility of extending the benefit based on the constitutional principles of human dignity, family protection and material equality, in addition to infraconstitutional regulations. With the research, it was found that the existing legislative gap is a cause for disagreements, mainly within the Judiciary Branch, since it was possible to find decisions both favorable and unfavorable to the subject. Thus, it is concluded that there are legal grounds capable of enabling the extension of the benefit of paid leave due to illness in the family to the RGPS insured. Still, it is recognized that it is the duty of the legislature to create rights and obligations, but as long as no law has been formulated to provide the referred benefit to those affiliated to the RGPS, it is clear that the legislative omission must, together with all the fundamentals that surround it , be interpreted in favor of these. Keywords: Social Security. Social security law. Legislation.