The effects of recognizing multiparentality in the death pension of the general social security sistem

Authors

  • Anna Ortiz Borges Coelho
  • Bárbara Sauzem da Silva

Keywords:

Multiparenting. Death pension. Social security. Recognition of multiparenting.

Abstract

This article seeks to analyze the effects of multi-parenting in cases involving social security law, more specifically regarding the possibility of accumulating two or more pension benefits for death. Note that multi-parenting has effects in several fields of law, from inheritance law to labor law. Having multiparenting influence in the most diverse areas, it would not be different with the social security law, where there is the possibility of the child receiving the pension benefit due to death due to the death of the socio-affective father ensured by the General Social Security System. Thus, a qualitative approach was used to write the present work, seeking to understand the phenomenon of multiparenting and its effects on the General Social Security Regime, going into the focus of affectivity, as a generating fact of the contemporary family and its importance for the recognition of multiparenting , through the analysis of legal doctrines and decisions on the topic. Finally, it was concluded that there is still a lot to study and define about multiparenting and its effects on social security law. However, it was found that in view of the express legal prohibition of the law, it is possible for a child with multiple parents to accumulate two or more pensions for death as a result of the death of the biological and socio-affective father or mother.

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Published

2021-01-27

How to Cite

COELHO, A. O. B.; SILVA, B. S. da. The effects of recognizing multiparentality in the death pension of the general social security sistem. Revista da Defensoria Pública do Estado do Rio Grande do Sul, Porto Alegre, n. 27, p. 65–80, 2021. Disponível em: https://revistadpers.emnuvens.com.br/defensoria/article/view/277. Acesso em: 3 dec. 2024.