A aplicabilidade da assistência social frente aos fundamentos constitucionais.

Abstract

This research includes a study on the general aspects of the fundamentals that guide the Federal Constitution of 1988 in line with the policy of Social Welfare and its applicability. Aims to explain the social rights and analyze the Continuous Cash Benefit, especially the strict criteria of per capita income less than V* of the salary being herself. As also shown that due to non-uniformity of the criteria of destitution in welfare benefits, allows the Superior Courts judge the concrete chaos in different ways between the STJ and STF. Despite the discrepancy used in the recognition of human dignity. The method employed in this research is inductive, since it alludes to a general approach that proposes the fundamental rights related to the applicability of the effective Social Care in Brazil. In turn, the technique used was the indirect documentation through research documents (laws, court cases, judgments, decrees) and literature (doctrines, articles and other media). Thus, there must be a change in law to establish uniformity among the defining criteria of destitution. Thus providing the realization of justice to promote the recognition of human dignity. However, the constitutional principles guaranteeing citizens the human survival based on a minimum wage. However, the criteria established by the Social Assistance Act are faced with the constitutional principles, especially of human dignity. Despite the separation of powers, one realizes that it is important that the magistrate applied its discretion in granting the continuous benefits, even if this ceases to apply the criteria provided by law. From the various judgments of the Supreme Court relating to the objective criteria of misery, let the executors of the law subject to instability. However, the research seeks to elucidate the following principles: legality, separation of powers, selectivity, distributivity and human dignity in harmony, without conflict with the criteria of the Law No. 8742/93. Therefore, with the advent of a more effective rule of law will be able to suppress the differences.