UNIONS WITH A LARGE AGE GAP AND THE RIGHT TO A SURVIVOR’S PENSION UNDER THE GENERAL SOCIAL SECURITY SCHEME (RGPS): THE TENSION BETWEEN COMBATING FRAUD AND ENSURING EFFECTIVE SOCIAL PROTECTION

Abstract

Stable unions (de facto partnerships) involving a significant age gap represent a relevant issue in Social Security Law, particularly regarding the recognition of the right to a survivor's pension and the prevention of fraud within the General Social Security Regime (RGPS). This study aimed to analyze the tension between combating social security fraud and ensuring effective social protection for partners, taking into account the legal requirements for granting benefits and the limits of the administrative authority of the National Social Security Institute (INSS). Methodologically, the study employed a qualitative, descriptive approach based on a review of literature and documentation, drawing upon Brazilian legislation, books, and scientific articles published between 2021 and 2026. The results indicate that establishing the existence of a stable union requires a comprehensive analysis of the evidence and the specific circumstances of the relationship; an age gap, in isolation, is not sufficient to characterize fraud or justify the denial of a benefit. Furthermore, it was found that social security oversight must adhere to the principles of legality, reasonableness, proportionality, and due process, ensuring that decisions are well-founded and that applicants are afforded the right to a defense. The study concludes that combating irregularities and protecting legitimate dependents are complementary objectives; therefore, administrative procedures must be refined to ensure the financial sustainability of the Social Security system without compromising the fundamental rights of surviving partners.