PANORAMA JURÍDICO DO AUXÍLIO-RECLUSÃO: ANÁLISE TÉCNICA DOS CRITÉRIOS ANTES E PÓS REFORMA DA PREVIDÊNCIA DE 2019

Abstract

This paper analyzes the legal landscape of Prisoner Assistance and the change in the criteria for granting it since the 2019 Social Security Reform, aiming to expose the restrictions imposed and the consequent increase in the social vulnerability of low-income families. The research was conducted from the perspective of Social Security and Constitutional Law, also using statistical data analysis. It is observed that the 2019 social security reform established stricter requirements, such as the requirement of a minimum waiting period of 24 (twenty-four) monthly contributions (previously non-existent) and the limitation of the grant only to insured persons held exclusively in closed prisons. It is noted that the monthly benefit income was set at one minimum wage, regardless of the amount of the insured person's contributions within the low-income ceiling, which impacted the financial security of dependents. In terms of results, there was a drop of approximately 52% in the average number of annual grants after the reform (average 2020-2024 compared to 2015-2019), in contrast to the growth of the prison population. It can be concluded that the changes left thousands of previously protected families unprotected, making the benefit unattainable and offensive to the basic social rights guaranteed by the 1988 Constitution.