PENSÃO POR MORTE E UNIÕES ESTÁVEIS SIMULTÂNEAS: UMA ANÁLISE PREVIDENCIÁRIA À LUZ DA DECISÃO DO STF

Abstract

This study aims to analyze the legal challenges surrounding the recognition of simultaneous stable unions and their implications in the field of social security law, particularly regarding the right to survivor’s pension. It begins with a historical overview of Family Law and the process of repersonalization brought about by the 1988 Federal Constitution, in order to understand the stable union as an autonomous family entity. The research highlights the tension between the diverse social reality of family configurations and the normative rigidity currently in force. Subsequently, it examines the Brazilian Supreme Federal Court's (STF) Themes 526 and 529, which established a restrictive interpretation concerning the granting of social security benefits to parallel relationships, reinforcing the principle of monogamy as a legal standard. To support this analysis, a jurisprudential metaresearch was conducted across the Federal Regional Courts, focusing on the year 2024, and identifying over sixty relevant decisions. The findings reveal a predominant application of the STF’s theses, with rare exceptions in cases involving proven de facto separation, thus exposing the limitations of social security protection in situations marked by genuine affective bonds and economic dependency. The study concludes by emphasizing the need for a more sensitive and balanced approach that reconciles strict legality with the social function of social security, in order to prevent scenarios of vulnerability that are incompatible with the constitutional principles of human dignity and solidarity.