Jurisdictional providence and the perception of illness aid to women victims of domestic violence

Abstract

The social security comprises the interaction between Public Authorities and society and one of its objectives is the right to social security. Listed as an instrument of social order, it is classified as a second generation fundamental right and, therefore, essential to the performance of the State. The objective of this study was to demonstrate the need for the State to support victims of domestic violence through the social security Sickness Benefit. Even with the promulgation of the Law 11.340/2006 (Maria da Penha Law), the state provision is essential to meet the needs of this vulnerable category. As a result, this research was based on a decision made by the Superior Court of Justice - STJ, which ordered the National Social Security Institute to pay the mentioned benefit to victims of domestic violence, and this autarchy, in turn, must seek the reimbursement of the treasury in view of unavailability of the public interest. The present study was carried out by the inductive method and through bibliographic consultations, reading of articles, jurisprudence, and interdisciplinary, based on the presentation and understanding of the judicial provision for women victims of domestic violence.