Perspectivas jurídicas da concessão das pensões por morte no RGPS: uma análise sob a Emenda Constitucional nº 103/2019.

Abstract

The main objective of this paper is to discuss whether the changes implemented by art. 23 of Constitutional Amendment No. 103/2019 fit within the constitutional limits and values of the social protection system or whether they approve a violation of existing social rights. The most significant changes were the creation of the family quota and the limitation of the benefit duration, which reduced its protective effectiveness. In addition, it also intends to question the effectiveness of the STF's determination in ADI 7051 on the constitutionality of the amendment. In this sense, the grounds for the decision, its repercussions and whether the legal, political and social debate was concluded after its issuance are highlighted. Thus, the aim is to encourage discussion about the constitutionality of social security reforms and the nature of the challenge of coexistence between fiscal responsibility and social justice. Methodologically, the option is to use specific doctrine, legislation and judicial decisions.