PARENTAL SICKNESS BENEFIT

Abstract

This article analyzes the lack of legal provision for granting parental sick leave within the context of the Brazilian Social Security system. The 1988 Federal Constitution and Law 8.213/1991 establish social security as a right aimed at meeting the needs of citizens, but do not explicitly contemplate assistance for insured individuals who need to take time off work to care for sick family members. The research reveals that many insured individuals under the General Social Security Regime (RGPS) seek the Judiciary to obtain this benefit, facing, however, a high rate of denial of requests, with judges justifying their decisions by the lack of legal support. Despite this, favorable judicial decisions, such as that of Process No. 5000540-33.2019.4.04.7118, show that the application of constitutional principles such as the dignity of the human person can positively influence the granting of the benefit. The article also mentions Bill No. 286/2014, which proposes the inclusion of parental sick leave in legislation, highlighting the importance of a legal reform that promotes equity between those insured under the General Social Security System (RGPS) and the Public Sector Pension System (RPPS). Social protection for families in vulnerable situations, especially in cases of serious illness, should be a priority in public policies and judicial action.