MATERNITY BENEFIT AND THE ABSENCE OF A QUALIFYING PERIOD: A CRITICAL ANALYSIS OF SOCIAL SECURITY PROTECTION BASED ON A SINGLE CONTRIBUTION

Abstract

The present study critically analyzes the waiver of the waiting period for the granting of maternity benefits within the General Social Security System, especially after the understanding consolidated by the Federal Supreme Court in ADIs 2110 and 2111/DF. The research seeks to determine whether the possibility of obtaining the benefit with only a single contribution truly represents the fulfillment of fundamental rights related to maternity, human dignity, and gender equality, or whether such flexibilization may compromise the financial and actuarial sustainability of Social Security. The study examines the historical and normative evolution of maternity benefits, highlighting their process of expansion and universalization, as well as the constitutional principles guiding their protection. The theoretical framework shows that maternity, as a social right, requires equal treatment and inclusive policies, particularly in a context marked by informality and gender inequalities. On the other hand, the research discusses the risks of opportunistic contributions, fraud, and increased social security expenditures resulting from the waiver of the waiting period, emphasizing the need for monitoring and control mechanisms. The study concludes that the issue demands a balance between social protection and fiscal responsibility, indicating that the effectiveness of the benefit depends both on constitutional interpretation and efficient administrative implementation.