The fundamental right to social security provision:

the aid-seclusion in the perspective of the principle of sealing to the social regression

Abstract

This study aims to analyze, from a perspective of defense of social rights, the indispensability of pension provision of aid-seclusion, with the most based on the principle of sealing to the social regression. Therefore, exposes the benefit from its concept and its legal provision, giving it legal nature of social provision of fundamental nature arising from the right to social security. Thereby, the work refers to the right holder, who is the founder of insured benefit, namely the trapped individual, as well as the recipients of the benefit, which are dependent of the prisoner, always taking into account the rights which they are guaranteed international and constitutionally. Therefore, this study concludes that need to be maintained the constitutional guarantee of granting social security benefits of aid-seclusion, as a way of ensuring the fundamental rights of those involved in the chaotic prison context of Brazil.