A comprovação da união estável para a concessão do benefício de pensão por morte à luz da lei nº 13.846/2019

Abstract

The scope of the present study is to analyze the means of proving a stable union for the granting of the death pension benefit, in light of the amendments introduced by Law No. 13,846/2019, which added paragraph 5 to article 16 of Law No. 8,213/91. The analysis is based on the recognition of the stable union as a constitutionally protected family entity and on the understanding that, although the Brazilian legal system does not restrict the means of its proof, social security legislation has come to require the submission of initial material evidence contemporaneous with the facts, produced within twenty-four months prior to the death of the insured who instituted the benefit, prohibiting exclusive reliance on testimonial evidence for the granting of the death pension under the General Social Security System. The study addresses the historical development of the stable union, its evidentiary mechanisms, the role of social security in the protection of the family, and the implications of the new legal requirement. The methodology adopted consisted of bibliographic, documentary, and jurisprudential research, employing a deductive approach, with the aim of clarifying the treatment of the stable union within the social security framework and evaluating the effectiveness of the social protection ensured by the death pension benefit.