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In past centuries, as a rule, the man was the provider of the home, while the woman should take care of the family. However, this reality has been changing and women began to assume positions in the labor market that previously belonged to men. The Brazilian social security system, which is a capitalization system, is based on the principle of solidarity, where those who can work finance it, which will provide assistance to those who need it. Thus, the benefit of pension on death granted to the dependents of the deceased has as its main objective, provide indispensable means of maintenance, i.e., adequate standards of living to those who depended on him economically. The spouse and the companion ceased to depend economically on each other, having active role in their economic life. Therefore, the presumed and absolute dependence of spouses or companions represents violation of the law to the principles under which Social Security was founded, including Social Security, the very purpose of the benefit and, also, the factual reality of society. Thus, the institute of presumed dependency deserves to be excluded from the legal system.