A função social do auxílio reclusão

Abstract

This paper presents whether the intention to exhaust the subject, present the benefit of the seclusion aid and its requirements of concession and termination. It is a benefit that aims to maintain the maintenance of dependents of the insured prisoner, whose generating fact is his own prison. This benefit is aimed at the insured worker, who, being imprisoned in a closed regime, no longer contributes to the maintenance of his dependents. Thus, even if the benefit is generated due to the incarceration of the insured, who effectively receives the aid, they are their dependents: partners, minor children, incapable, unemancipated, parents or siblings, who can prove the financial dependence of the insured prisoner, before his arrest. It is also noteworthy that the minor offender, fulfilling the same requirements as an adult inmate, when in a situation of compliance with hospitalization, by socio-educational measure, by equalization will also be entitled to the benefit. In this sense, it was also the forms of analysis of the objective fulfillment of the requirements, having been widely changed, after the last amendment in Law 8312/91, which deals specifically with this theme, such as suspension, cessation, initial monthly income, accumulation, death of the insured or dependent.