A viabilidade da inclusão dos contribuintes individuais como beneficiários do auxílio-acidente no sistema previdenciário brasileiro

Abstract

This study investigates the legal feasibility and social relevance of extending the accident allowance to individual contributors, who are currently excluded from this social security protection despite regularly contributing to the system. The research addresses the normative gap causing this exclusion by examining Brazilian social security with an emphasis on the principles of universality, equality, and solidarity. The work analyzes the evolution of protection for injured workers and compares the conditions of individual contributors with other insured categories, highlighting disparities in social security coverage. Utilizing a qualitative methodology based on bibliographic and documentary research, the study explores laws, legal doctrines, and jurisprudence to assess the viability of including individual contributors in the benefit, even without prior funding sources. It is argued that the extension of the accident allowance aligns with constitutional principles, and a Direct Action of Unconstitutionality (ADI) is proposed to facilitate this change. The conclusion reinforces that there are legal and social grounds to justify this inclusion, promoting social justice and equality in social security protection. The study contributes to the legal debate and suggests the need for legislative reforms to guarantee the social rights provided in the Constitution.