A CRIANÇA E O ADOLESCENTE SOB GUARDA PARA FINS PREVIDENCIÁRIOS

Abstract

In the present monograph, the goal is to analise legally the person of the minor under guardianship in the context of welfare law and more specifically in what is said regarding the possibility of appearing as a dependent for welfare purposes. This phenomenon of not recognizing the person of a minor under guardianship as a welfare beneficiary began with the arrival of Law 9.528, of December 10, 1997, which made that it ceased to appear in the list of art. 16 of Law 8.213/91 as dependent of the insured. In this work, aside from confronting this legislative modification with that exposed in the Statute of the Child and Adolescent (ECA) which foresees in its article 33, p3 the conferral on the child or adolescent in the condition of dependent,all of the rights and privileges of law, including benefits, that is, after this modification there is still protection of the minor under guardianship through the welfare legislation, taking into consideration the fundamental principles of ECA, that of the Integral Protection of the Minor.