A união poliafetiva e seus efeitos no Direito Previdenciário

Abstract

With the changes in family formation expressed by society, there is a need for Social Security Law to extend social security rights to family entities, feeling the need for a new look and attitude on the part of the judiciary, to continue defending the rights of each citizen, who place their trust in him for efficient justice. Initially, we sought to present the historical context, the origin of the family and its historical evolution, the meaning of polyaffective families, analyzing their union and their recognition as a family entity, in addition to demonstrating the effects of polyaffective unions in Social Security Law, as well as the social scenario in light of its evolutionary needs. In line with the main theme of this work, the effects of polyaffective unions on social security law were studied. Thus, in order to comply with what was proposed in this research, the method used was qualitative, with bibliographic and documentary research, and also encompassing articles from the Internet, in addition to several other means and techniques of direct and indirect research. The research results indicate that there are some alternatives to reduce potential problems that may arise in the death pension, such as sharing the pension, as is done between dependents. In the understanding of the Court of Justice of Rio Grande do Sul, the pension could be divided in the case of more than one beneficiary, although it is not exhaustive, it would be possible to apply it to cases involving the death of partners in a polyaffective union.