Os riscos protegidos pelo Plano de Benefícios do Regime Geral de Previdência Social

• Autor(a) principal: Rocha, Sérgio Reis Gusmão
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/7018
• topic: Risco; Benefício; Filiação; Contributividade; Carência; Previdência Social; Risk; Benefit; Membership; Contributivity; Restriction period; Social Insurance; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Our perspective of an analysis of the risks to which the Plan of Benefits of the General Social Insurance is exposed has originated from an investigation about the origins of social security. We have found out that social security started with the aim of protecting the worker that suffered physical damage related to work, which deprived him from his ability of providing for himself and his family. We have verified that, since the appearance of social security in 1883, in Germany, many countries have adopted a similar protection system, including Brazil. Nowadays, our social security system is based on the English model created by Sir William Beveridge. In the search for social security, social insurance was born connected to the notion of risk defined by Civil Law, but, gradually, this notion detached itself and developed its own identity. What was first understood as risk became social risk, studied by Social Law. In post-modernity, social security, in harmony with the principle of the universality of coverage and service, became a possibility offered not only to the worker, but also to all people who wish to affiliate to it. Social security and the plan of benefits of the General Regime of Social Insurance have increased their scope of protection and, concerning accident coverage, today, it protects the worker not only in case of work accident, but any accident. All it takes is that the individual is a covered member of the social insurance system, and that the restriction period is over. One of the social insurance subsystem s main peculiarities is that it is collaborative, which tells it apart from the other subsystems of social security. It is exactly for this reason that, inside the scope of social insurance, the principle of the universality of coverage and of service is still something to be persecuted, since not all citizens are protected, although all of them are allowed to enrol. Finally, once social security is only offered to members, we can state that, although citizens are exposed to many risks, not all these risks find coverage in the subsystem of Social Insurance