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The maternity pay is an important social security institute, both for children that arrive in a new family and for the mother, which receives financial support while she is away from her labor activity, as well as for the State, which keeps its constitutive element "people" in constant renewal. The present article seeks to make an analysis of this benefit since its very beginning, until the latest innovations made by law for the reception of different forms of family. The article searches to treat, punctually, of the new figure of maternity pay and its grant in case of preeminent receiver's death, and consequently receipt by the surviving spouse or partner. Then, the study criticizes up this legislative expansion, made so narrowly, without analyzing the factual reality of new family structures, emphasizing the question of the one- parent families. Thereby, the article pursuit to point that there is no constitutional or legal basis for refuse a interpretation based on the principle of equality, supporting, consequently, the one-parent families and any relative who be responsible for the very first cares with the child.

revista de direitos sociais, seguridade e previdência social

A Lei 12.873/2013, as Estruturas Familiares Modernas e o Princípio da Igualdade: Análise das Novas Regras de Concessão do Salário-Maternidade em Relação às Famílias Monoparentais