Elderly and Social Security: aid application for disease affected by the depression of the insured

Abstract

In Brazil, by contributing to Social Security, workers are supported in cases of old age, death, maternity, illness and disability through stipends. This article seeks answers about the possibility of granting sick pay due to depression of the Social Security insured. For this purpose, we analyzed how this fundamental right to social security works by granting the benefit on grounds of this illness. Firstly, the concept, history and legal provision of Social Security is addressed. Secondly, the benefit in question is investigated, and its concept, legal provision and requirements needed for getting it are presented. Lastly, a study of depression and its symptoms is conducted. This article is based on bibliographic and documentary research, with an exploratory and descriptive nature, through the collection of data from laws, legal articles, standards, resolutions, jurisprudence, on-line searches, among others dealing with the subject. It was demonstrated that it is possible to grant sick pay for depression, however, on a secondary basis, as the total disability of the worker must be proven and a medical examination is required. Nevertheless, even if in certain cases the benefit is denied, no affront to this fundamental right has been evidenced.