Revista de Direitos Sociais, Seguridade e Previdência Social (Dec 2016)

The Social Security Reform And Its Legal, Social And Economic Aspects

  • Rubiane Galiotto,
  • Patrícia Noll

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9865/2016.v2i2.1225
Journal volume & issue
Vol. 2, no. 2
pp. 143 – 162

Abstract

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This study aims to analyze the relationship between Reclusion-Aid and the application of the Principle of Equality through the analytical-deductive method with the analysis of doctrinal and legal aspects on the subject. The legislation after the Constitutional Amendment nº 20/1998 foresees a low-income requirement for granting Reclusion-Aid. Therefore, the benefit harms the Principle of Equality since it ensures the Pension Benefit only to the families with low-income. Before such discrimination, the families of policyholders inmates who received value greater than the stipulated in law are left helpless.

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