Direito previdenciário: a (in) constitucionalidade da extensão da pensão por morte a estudantes maiores de 21 anos não portadores de necessidades especiais

Abstract

The material subsidy of this work comes from an irresignation regarding the legal-age prohibition contained in article 77, §2, II, of Law 8.213/91, which rules out the possibility of extending the death pension to students over 21 (twenty-one) years of age without special needs, without expressive analyzes based on socioeconomic aspects. However, this legislative measure does not appear to be compatible with the principles of CRFB/88, especially with regard to the search for maximum effectiveness of fundamental social Rights, Duties and Guarantees, with emphasis on the right to education and the fundamental duty of sustenance, in dialogue with constitutional solidarity and otherness. In view of this, this work aims to collaborate with the reduction of social and regional inequalities present in the Brazilian asymmetric federalism, with a legal-social security solution that, based on the theory of fundamental duties in line with the social right to education, aims to enable the extension of the pension for death to students over 21 (twenty one) years of age who do not have special needs