Introduction to the Right to Social Security

The right to social security is a fundamental component of social protection, which aims to guarantee the economic security of citizens throughout their lives, especially in situations of vulnerability, such as retirement, disability or death of a breadwinner. Social security plays a crucial role within social security, as it provides a support system that contributes to the financial stability and well-being of individuals and their families.

Essentially, social security's main objectives are to promote social justice, protect against economic risks and strengthen human dignity. Through access to social security benefits, citizens are able to protect themselves in times of need, minimizing the negative impacts that personal crises can bring. In this context, social security is not limited to just a financial issue, but is integrated into a broader set of fundamental rights, which include health, education and social assistance.

In addition to offering support to people in vulnerable situations, social security also acts as an income redistribution mechanism, contributing to the reduction of social inequalities. Resources from contributions from workers and employers are channeled to assist groups at greatest risk, strengthening social cohesion and promoting a more equitable society. Thus, the right to social security stands out as a vital element in strengthening social security, reflecting the State's commitment to guaranteeing dignified and fair conditions for all citizens.

History of Social Security in Brazil

Social Security in Brazil has its roots in the mid-20th century, with the aim of providing social protection to workers and their families. The first legislation that established a social security system was Decree nº 24,637, promulgated in 1934, which established urban and rural social security. This legal framework was fundamental for the creation of a system that could guarantee basic rights, such as retirement and pensions, to Brazilian workers.

However, it was with the promulgation of the 1937 Constitution that social security gained more robustness, establishing the State's obligation to guarantee social protection. During the following decades, new laws and regulations continued to shape the pension system. In 1960, the creation of the National Institute of Social Security (INPS) centralized the administration of social security contributions and benefits, a significant change in the structure of the system.

The 1980s were marked by an emancipatory effect, with the 1988 Constitution establishing a more democratic and comprehensive system. It ensured social rights, promoting coverage for informal workers and expanding conditions for access to benefits. This new approach effectively sought to reduce social inequalities and guarantee the right to social security for all segments of the population.

Social Security reforms in the 2000s and 2010s, especially the promulgation of Constitutional Amendment No. 20 of 1998 and Constitutional Amendment No. 103 of 2019, introduced significant changes, such as the minimum retirement age and new benefit calculation criteria. These reforms generated intense debates about their implications for the population, reflecting tensions between the sustainability of the system and the guarantee of social rights. The Social Security panorama continues to evolve, seeking to balance social protection with the country's fiscal needs.

Fundamental Principles of the Right to Social Security

The Right to Social Security in Brazil is based on principles that guide its structure and functioning, which are essential to guarantee a fair and balanced system. Among the main principles, universality, solidarity and contribution stand out.

The principle of universality is one of the pillars of the social security system. It ensures that all citizens, regardless of their economic or social situation, have access to the benefits offered by social security. Universality is vital to promote social inclusion and avoid discrimination, ensuring that everyone can count on support in times of need, such as retirement, illness or period of disability.

Another significant principle is solidarity, which reflects the collective responsibility among members of society for the well-being of all. This principle implies that citizens who are in better financial conditions contribute to sustaining the benefits of the less favored. Solidarity is fundamental to equity within the pension system, as it promotes a sense of community and collaboration among citizens, creating a social protection network that everyone can access at different stages of life.

Finally, contributoriness is a principle that establishes the need for contributions so that benefits are ensured. This means that workers and employers must contribute a portion of their income to Social Security, ensuring the sustainability of the system. Contribution is important, as it links access to benefits to the effort and participation of citizens, encouraging more efficient and responsible management of public resources.

These principles are essential for the construction and maintenance of an effective and fair social security system, allowing the Right to Social Security to be fulfilled in a balanced and democratic way.

Types of Social Security Benefits

Social security benefits are fundamental to the social security system, and are designed to offer financial protection to policyholders in various situations. Among them, retirement, death pension and sickness benefit stand out, each with its specific characteristics and requirements.

Retirement is one of the best-known benefits and can be granted in different ways, depending on the length of contribution and the age of the insured person. The main modalities include retirement based on contribution time, in which the insured must complete a minimum number of years of contributions, and retirement based on age, which requires the applicant to reach a specific age, generally combined with a minimum of contributions. Rules may vary, especially in relation to recent pension reforms.

The death pension is a benefit aimed at the dependents of the deceased insured, ensuring that these individuals have financial support. For dependents to be entitled to the pension, the death must have occurred while the insured person was working or in a grace period, respecting the waiting period requirements. Dependents include spouses, partners and children, with different considerations depending on the family situation.

Another important benefit is sickness benefit, which is granted to insured people who are temporarily unable to work due to a health condition. The insured must present a medical certificate and complete the waiting period, subject to exceptions, to be entitled to the benefit. It is essential to carry out a medical examination to prove incapacity and ensure that assistance is granted.

In addition to these, there are other social security benefits, such as maternity pay and continuous benefit, which also play a significant role in social security. Each type of benefit presupposes specific procedures and documentation that must be observed to guarantee the rights of insured people and their families.

Rights and Duties of Insured Persons

Social security policyholders have a set of rights and duties that are fundamental to the functioning of the system. These standards aim to guarantee the social protection of individuals, promoting financial security in times of vulnerability. In the context of the right to social security, each insured person must fulfill their contribution obligations, which are essential for the system to function properly and guarantee benefits to all its members.

Among the rights of insured people, access to retirement, pensions, aid and health services stands out, which are made available by the social security system upon compliance with established standards. Policyholders have the right to request the granting of these benefits, as long as they meet the requested requirements, such as contribution time and specific conditions related to each type of benefit. Transparency in the concession process is vital, and policyholders are encouraged to be informed about the requirements and procedures, including through digital platforms made available by the government.

As for duties, it is essential that policyholders keep their contributions up to date. Failure to comply with these obligations may result in loss of rights or inability to receive benefits. Therefore, it is advisable that policyholders monitor their contributions and settle any pending issues to ensure the social protection of the social security system. Furthermore, it is the responsibility of policyholders to communicate changes in their situation, such as a change in employment or marital status, to the National Social Security Institute (INSS) so that data can be updated appropriately.

Therefore, a clear understanding of the rights and duties of policyholders is crucial to ensure that each individual enjoys the benefits that social security can offer, while at the same time contributing to the sustainability of the system in which everyone is inserted.

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