PENSÃO POR MORTE E O MENOR SOB GUARDA: UM ESTUDO DA ADI 4878

Abstract

This work aims to analyze the ADI n. 4878, especially the institutes of death pension and minors under custody, from the perspective of the Dignity of the Human Person. To this end, qualitative bibliographic research was used on doctrine, legislation and jurisprudence on the topic. Thus, it became clear that the minor under custody is entitled to receive the death pension benefit, with there being nothing to say in relation to existing fraud. The interests of children and adolescents must prevail, taking the form of the State providing effective means to promote their subsistence. This occurs by confirming the foundation of human dignity as being the supreme value of the Brazilian legal system, in accordance with doctrinal guidance. Thus, it can be said that the debate addressed in the constitutionality control action is even more important than the result obtained by the trial.