The importance of social factors in evaluating the granting of social security benefits to guarantee social rights

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Monique dos Santos Nóbrega
Rosa Maria Ferreiro Pinto

Abstract

Contextualization: The human being is a social being, by essence. In studies of human science, society plays a prominent role in how it can affect man and also the reverse. The debate is so profound that it also affects medicine. Some studies propose that serious complex chronic diseases, although their etiology is genetic, social behavior can contribute to their worsening or even manifestation, making some of these individuals permanently disabled or capable, however, with relevant impairment.  Problem: The complexity of this interaction between medicine, society and legal concepts, here funneled only into the granting of social security benefits - retirement or disability assistance - due to the magnitude of the topic and, far from it, limited, it can violate fundamental rights, including these pillars of social security. Objectives: Analyze the concepts of social security, focusing on the social item and biopsychosocial assessment; man's behavior from the perspective of psychology and how society can help and also harm him if the influences are not well carried out, the scientific evidence from medicine regarding the importance of the environment in the etiology of complex chronic psychiatric diseases. Methods: the investigation method was used through research and literary review on the topics of sociology and etiology of serious chronic diseases, in addition to legal cases in relation to the granting of adequate social security benefits. Results: Academic articles were found regarding the influence of the environment in which an individual diagnosed with one of the serious chronic psychiatric diseases lives, with the genetic factor no longer being the primary one, being of great relevance for the treatment of individuals, in terms of their health , and social protection in terms of social security benefits appropriate to each case, since not every disease causes disability, however, it creates an impediment that requires state support. Conclusions: depending on the method adopted, it was possible to perceive a gap between medical and legal understandings, which impact the effectiveness of fundamental rights - health and social rights - of those who need state jurisdiction for their survival, especially these diseases. Biopsychosocial assessment, as long as it is applied according to the dictates and objective of its creation, can be a solution to this conceptual friction of areas that should be complementary.

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Author Biographies

Monique dos Santos Nóbrega, Universidade Santa Cecília

Lawyer, postgraduate in Social Security Law, Real Estate and Business Law and in Special Education with emphasis on intellectual disability. Undergraduate in Psychology, master's degree in Health Law.

Rosa Maria Ferreiro Pinto, Universidade Santa Cecília

Social Worker, graduated from the Catholic University of Santos, Master and Doctor in Social Work from the Pontifical Catholic University of São Paulo – PUC/SP. She is a professor of the Psychology Course and the Master's Degree in Health Law at the Santa Cecília University. She coordinates the research group Study and Research Group on Public Policies and the Right to Health – GPPDS of the Master's Degree in Health Law at UNISANTA and participates in the NEPP – Center for Psychosocial Studies and Research of the Psychology course at UNISANTA.

How to Cite

NÓBREGA, Monique dos Santos; PINTO, Rosa Maria Ferreiro. The importance of social factors in evaluating the granting of social security benefits to guarantee social rights. Unisanta Law and Social Science, Santos, v. 13, n. 2, p. 428–441, 2024. DOI: 10.5281/zenodo.14536715. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/2518. Acesso em: 17 mar. 2026.

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