THE STIGMATIZATION OF RETIREMENT AID IN FACE OF THE 1988 FEDERAL CONSTITUTION

Abstract

Everyone knows that in Brazil there has long been a debate about social security benefits granted to individuals who have had their freedom deprived. Among them, the confinement aid that is provided to the dependents of the insured person of the National Social Security Institute (INSS), as long as they prove low income and that at the time of the insured person's arrest he is working with a formal contract or paying for his autonomy. thus contributing to the INSS. To this end, this article aims to elucidate the stigmatization of confinement aid in the face of the 1988 Federal Constitution, which outlines in its articles the fundamental rights inherent to every human being. Therefore, we sought to gather informational data aiming to demystify the aforementioned aid with the purpose of responding to the positive research problem: human rights, for whom? In light of this, this research is being proposed with the aim of generating social reflection in relation to social security benefits granted to dependents of low-income inmates and highlighting issues inherent to the stigmatization of prison assistance in the face of the Federal Constitution of 1988. The methodology used was exploratory bibliographical research of a descriptive nature seeking to highlight the peculiarities of the benefit regarding its granting, its beneficiaries, its constitutionality based on the emergence of social security in Brazil, the principles that apply to them and infraconstitutional legislation, such as social security law. conclusion reached after the development of this research is that the social stigmatization created around this aid makes society forget the principle of human dignity so referenced in the Brazilian Constitution, which reinforces the need to clarify that the The granting of the confinement aid benefit is made through an administrative process with the INSS, where all the necessary requirements for the proper granting are verified. It is important to highlight that this benefit is not due to the insured person imprisoned in the prison system, but rather to their family members, as proven , as, in several circumstances, this was the only source of income that provided the family's subsistence.