Specificities of the figure of grandparents in brazilian social security law:

a critical-theoretical analysis based on case law

Abstract

Social Security is one of the foundations of the Democratic State of Law, and is an expression of the protection of the dignity of the human person by our constitutional order. This article analyzes some precedents of the Superior Court of Justice and some regional courts that deal with the social security benefits of grandparents and grandchildren, when the grandparents assume the creation of the grandchildren, based on the relevant legislation and doctrine. The aim was to ascertain the tendencies of the infra-constitutional court and lower courts when judging claims brought by grandparents who have performed the traditional role of parents, and it was concluded, despite certain differences, that there is a consensus in the national judiciary regarding the need to equalize the situations and provide grandparents and grandchildren with the social security benefits consistent with the subsistence of these family units.