DEATH PENSION: THE IMPLICATIONS OF THE PRESCRIPTION OF THE DEATH PENSION UNDER BRAZILIAN SOCIAL SECURITY LAW

Abstract

The research aims to discuss issues related to the prescription of the death pension, analyzing the changes introduced by Law No. 13,846/19 and their implications for the social protection of the dependents of the deceased insured. The analysis focuses especially on the changes to article 74, item I, of Law No. 8,213 of 1991. To achieve this objective, bibliographical and documentary research was carried out, which included an analysis of legislation, judicial decisions, doctrines and explanations relevant to the topic. The research concludes that the prescription of the death pension is a complex issue that involves several legal aspects. Beneficiaries must be aware of the deadlines and requirements necessary to request the benefit, otherwise their rights will be jeopardized. The changes brought about by Law No. 13,846/19 aim to prevent fraud and ensure greater legal security, but also impose new requirements that need to be observed to grant the benefit. In this way, the work contributes to the reflection on the prescription of the death pension and its implications in guaranteeing social protection for the dependents of the deceased insured, in addition to presenting possible solutions to the problem, promoting the development of Social Security Law in Brazil.

Keywords: Prescription; Death Pension; Social Security Law.