Reconhecimento da pensão por morte à relação de companheirismo decorrente de união paralela: “você é capaz de amar duas pessoas?”

Abstract

This monograph aimed to presente an important debate about the apportionment of the death pension to the mate arising from parallel unions. Therefore, this work is based on analyzing the fundamentals that legitimize and remove the division of the death pension, in relation to simultaneous families, as well as practical difficulties, with regard to the applicability of each legal institute, given the strong mark of monogamous deals and civilistic orthodoxies. To this end, a qualitative methodology was chosen, with logical deductive method and exploratory-descriptive approach, using doctrines, scientific articles laws and jurisprudence. From there, it was possible to elucidate that within a diverse and plural perspective, the apportionment of social security benefit is the solution that aligns most with the ideal of affective family, which values, above all the principle of the dignity of the human person. In this attempt, jurisprudence presents itself as an instrument for maintaining social desires given that legislation is obsolete to modern advances while there is no denying exist ence to a current factual reality and dynamic. Thus, it is up to the Supreme Court and the entire legal community to offer a response to parallel families aligned with the principle of affectivity and human dignity.