The objective of this article is to analyze the normative gap regarding State action in the protection of motherhood and childhood in the scope of Social Assistance, since there is no welfare benefit equivalent to the maternity wage, which is currently conceived as a social security benefit and therefore of a contributory nature. That is, only those who are insured can count on this income, while those who are out of this condition do not find the same apparatus in Social Assistance, which is not contributory and is aimed at those who need it, composing social security as well as Welfare and Health. The main objective is, therefore, to analyze the possibility of having an assistance benefit in the same way as the maternity salary, since it would serve as a support to the children, aiming at maternity protection, support in strengthening parent-child links and ensuring minimum conditions for the growth and development of children. In this way, equity in the access to the fundamental right to protection of children and maternity would be provided, without excluding the public that most needs protection and support from the State, given their conditions of underprivileged and social vulnerability.