DEATH PENSION IN INSS: LATE QUALIFICATION OF THE INCAPACITATED PERSON AND FINANCIAL EFFECTS ON THE BENEFIT FROM THE CASE-LAW OF THE SUPERIOR COURT OF JUSTICE habitação tardia do incapaz e os efeitos financeiros no benefício a partir das jurisprudências do Superior Tribunal de Justiça

Abstract

The objective of this study is to discuss the initial term of the death pension in the case of late qualification of the incapacitated and the possible financial impacts on this dependent. This research analyzes the initial term from the jurisprudence of the Superior Court of Justice, based on judgments of the said court. In addition, it makes use of a bibliographic and legislative contribution to the debate of the theme, also using a comparative look between social security legislation and civil, as well as, on the application, or not, of prescription in the face of the incapable. The conclusion of this study is that the initial term of the benefit, before the trials of the Superior Court of Justice, will be subject to the existence, or not, of previously qualified dependents. Anyway, the prescription, in some cases, has been applied to the incapable, contrary to constitutional precepts, which generates possibility for future debates.