Benefício de prestação continuada: análise sobre o requisito econômico

Abstract

The present master's dissertation pretend to clarify a theme of extreme relevance to the most vulnerable part of society, since it aims to expand the discussion about the Benefit of Continuous Provision – BPC (Benefício de Prestação Continuada); contemplated in item V, article 203, of the 1988 Brazilian Federal Constitution, regulated by the ACT 8. 742/93 (LOAS) and others legislations. Among them are the analysis of requirements to obtain the benefit, both administratively and judicially, using the procedure method of bibliographic research in Doctrinal Sources, Legislations, Announcements of Precedents. One of the requirements for the concession of the Assistencial Benefit is the per capita income of the family group, which must be below than ¼ (one quarter) of the minimum wage for framing purposes in the concept of miserability or economic and social vulnerability. The purpose of this work is to emphasize the clashes that surround this subject, demonstrating the State duty to achieve Social Justice, with the subjective verification of the condition of each applicant (claimant), because such criterion is exclusionary and makes it difficult to obtain the Benefit, which caused heated discussions about the possibility of flexibility and relativization of this legal requirement. There is still no pacification in the judicial sphere about the form of analysis of this requirement, however there are decisions pronounced by the Courts that are favorable to the use of other means for the analysis of the concession for the Benefit, as well as doctrinary theses. The main focus of the chosen theme, therefore, is to present the requirement contained in §3º (third paragraph), of article 20, of LOAS (ACT), its controversies and the possibilities glimpsed to solve the problem