A inconstitucionalidade do parâmetro da baixa-renda e os novos requisitos exigidos para a concessão do auxílio-reclusão

Abstract

The reclusion-aid as a benefit due, in attention to social security bond between Estate and insured, supplies the lack of income of the implanter arrested to his core family. The Constitutional Amendment n° 20/98, when restricted the payment of the said benefit only to the core family of the low income insured people, has given rise differences related to it, being applied, at first, for some courts the idea about poverty should be taken with the analyses of the family’s finances while others rather look to the insured’s contribution base. To understand the unconstitutionality of the poverty parameter taken it is necessary analyze the Brazilian’s social security structure through an bibliographic study, coordinating evolution’s social protect with principle’s pillars which guide all provision security bring by Constitution of 1988. Beyond legal analyses it is indispensable a social analyses about rejection phenomenon which, a lot of times, are accompanied by disinformation about the reclusion-aid implantation. In front of the new requirements to the concession, hurry expose that is possible compatible principles of distributivity, selectivity and actuarial balance at social security installment, in order to concretize the ideals of social justice.