O princípio da igualdade como fundamento para a regulamentação do auxílio-doença parental no regime geral da previdência social.

Abstract

The constitutional text unequivocally brings the guarantee of social rights as well as the construction of public policies capable of satisfying the social welfare proposed by the constituent. Although there is a legal provision for the protection of social misfortunes by the Brazilian social security system, it still lacks the expansion of its social protection. Based on this assumption, this research sought to analyze the principle of equality as a basis for the granting of social benefit to general workers in the general social security system based on the license granted to state civil servants of the Brazilian states. Considering the difference in treatment between social security systems, it is questioned whether the granting of family illness benefit, known as “auxílio-doença parental” at Brazil to the general social security system based on the license granted by States is a way of promoting the principle of equality. Based on this, in the first chapter it was discussed about introductory aspects of human rights, their evolution and forms of positive benefits, with an emphasis on the principle of equality. Afterwards, the objectives and guidelines of Social Security were analyzed, as well as their regimes. The last chapter analyzed both benefits, to verify the possibility of basing family illness benefit on the general social security system in order to achieve the principle of equality. The tested hypothesis that the license granted to state civil servants can be used to justify the granting of family illness benefit as a way of implementing the principle of equality remained confirmed, given the conclusion that all states have a legal provision for granting the license. The hypothetical-deductive approach method was used, as well as the analytical method as the procedure method, with bibliographic and documentary research techniques.