A nova pensão por morte e gênero no Brasil: a situação da mulher frente à reforma trazida pela lei 13.135/2015

Abstract

This paper deals with the changes introduced by Provisional Measure nº 664/14, which was later converted into Law nº 13.135/15 in the pension benefit due to death, in order to answer whether the new death pension brought advances or setbacks in relation to the Gender differentials. In particular, the pension benefit for married death and its effects on women as social security dependents were related. The changes brought directly affect the question of the time of receiving the benefit, which will gradually become a temporary benefit. It seeks, therefore, to deal with the possible reflexes of the changes in relation to the female population, because for specific reasons they end up being the main beneficiaries of the marital death pensions. In this sense, the theoretical approach of gender becomes relevant, bringing to light factors that contribute to the analysis. It is observed that within the patriarchal society, women remain doubly imprisoned: in the face of the deterioration of their working conditions and the lack of a redefinition of roles between men and women in the domestic sphere. Regarding the methodology, the method of deductive approach was used, starting from the general analysis of the benefit legislation for the individual about the need to understand the repercussions of the new pension on the socioeconomic reality of Brazilian women. As procedural methods, historical, statistical and monographic data were used to map the evolution of legislation and relate the social, political, and economic place of Brazilian women. The results point to an urgent need to analyze social relations and gender studies when proposing social security reforms.