Parental sickness benefit and the need to expand social protection

• Autor(a) principal: Dornelas Carvalho, Fernanda
• Data de Publicação: 2022
• Outros Autores: Valente Ribeiro, Bruno
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Vianna Sapiens
• Texto Completo: https://www.viannasapiens.com.br/revista/article/view/846
• topic: AUXÍLIO POR INCAPACIDADE TEMPORÁRIA; AUXÍLIO-DOENÇA; PREVIDÊNCIA SOCIAL; INCAPACIDADE; PROTEÇÃO SOCIAL; Direito Previdenciário; Previdência Social; TEMPORARY DISABILITY AID; DISEASE AID; SOCIAL SECURITY; INABILITY; SOCIAL PROTECTION; Social Security Law; Social Security

This study aims to demonstrate the need to expand social protection under the General Social Security Regime, with the creation of a benefit for policyholders who need to care for a sick family member. Thus, its main objective is the analysis of the so-called “parental temporary disability aid” (“parental sickness benefit”), and for this, bibliographic and documentary research was used, under the protection of laws, doctrines, academic articles, bills of law and jurisprudence. It was concluded that there was an evolution on the topic addressed, with favorable judicial decisions and bills for the creation of the benefit in process, however, there is a need to go further, so that the assistance for parental temporary disability is regulated and that, as long as the legislative gap remains, the Judiciary may grant it through analogical application with the license due to illness in the family provided for in the Own Social Security Regime.