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Luciana Bueno Arruda da Quinta
DATA DE PUBLICAÇÃO
The objective of this work is to analyze the social Security Disability Benefit as one of the main settlements of continued support within the General Social Security System, an integral part of the National Social Security System. To make such approach we have studied as a first the historical progress of the Social Security System both abroad and in Brazil. From that point we approached the Social Security within the Federal Constitution of 1988, addressing its concepts, comprising actions and its financing format. We also assessed its informative principles or objectives. We take the analysis of the General Social Security System as one of the legal security systems currently existing in Brazil, where it is attempted to frame its characteristics as well as its sustained restrictions and social risks, its beneficiaries, the way in which applications and affiliations are made, the insureds maintenance and loss of quality, the grace period, installments and the calculation procedure of the benefit. From such preliminary study, we go on to a more detailed analysis of the Disability Benefit, placing its origins, beneficiaries, grace period, which incapacity is to be considered to enable its concession, the medical assessment to allow admission and maintenance to the plan, the starting date, waiting period, figure, the effects it makes on a working agreement, the difference between a disability benefit and the benefit resulting from a work accident and at last the ways the benefit can be deactivated. We examine as well, although briefly, the incidence matrix-concept, through which both the procedures precedent and results are analyzed, aiming at exploring the matter at issue in its maximum extent, with no intention to arrive at a final conclusion, but otherwise, to encourage the study of this and other social security benefits