A dicotomia entre a interpretação hermenéutica da concessão da pensão por morte ao dependente menor absolutamente incapaz frente ao maior incapacitado permanentemente

Abstract

Article 219, I, Law No. 13.846/2019 delimited the social security pension benefit for the death of the absolutely incapacitated under the age of 16, with a decadential term of 180 days to postulate the right to the benefit retroactively, otherwise only enjoy the right to from the filing date of the application. In another direction, hurting the principle of reasonableness, to the greatest invalid, who is in the same condition of vulnerability, by judicial decision determined that the Brazilian Social Security Agency should grant the death pension to the greatest invalid whose death was instituted after the fact generator of disability, since your administrative application, and can postulate retroactively to August 2019.