A efetiva proteção jurídica no benefício previdenciário do salário-maternidade no RGPS a partir das atuais evidências científicas na área da saúde

Abstract

This study aims to assess, based on current scientific evidence in health sciences and public health guidelines issued by the Brazilian federal government, the real biopsychosocial needs of pregnant and postpartum women and their babies up to six months old. It then compares these needs with current Brazilian regulations, specifically the social security regulations regarding maternity pay under the General Social Security Regime (RGPS) and the National Institute of Social Security (INSS), as well as labor regulations. The study assessed whether Brazilian legislation provides adequate support for motherhood and childhood, as was believed to be the case in the past when these regulations came into effect. The materials used were Brazilian legislation, treaties and conventions addressing human rights to which Brazil is a signatory, the Food Guide for Brazilian children under two years of age, and scientific journals classified as "Qualis A" on the date of publication according to the CAPES Qualis system. The method used is deductive, as a specific conclusion was drawn from a general overview. The approach is qualitative, as concrete data were interpreted to form a conclusion. Regarding the procedures, the work was based on bibliographic research. Conclusion: It was observed that there is a discrepancy about the protection that the legislation applied in Brazil effectively offers and what is advocated by the international human rights legislation analyzed, as well as public health publications.