Benefício assistencial: análise da renda per capita.

Abstract

This work is an explanation about the general appearance of social assistance policy, analyzing the welfare benefit fixed on Organic Law of Social Welfare (Lei Organica de Assistencia Social - LOAS) and the criteria to be observed by beneficiary to access the Continued Provision Benefit (Beneficio de Prestagao Continuada - BPC). The BPC is a care benefit that had an objective: the social inclusion; BPC is characterized for the income transference for a minimum wage for month, for old people, with 65 years old or more, and deficient people, observed certain requisite economic, where the per capita income can't overcome a quarter of minimum wage. The research was made through a interpretative analysis of constitutional and extra constitutional law and a qualitative analysis of judgments about BPC on 8th district court of the judicial section of Paraiba, in Sousa city, Brazil, using the deductive method. This research wants to establish a new limitation for the BPC grant, instead of the current, see seeking equity and following the human dignity principle. The analysis of judicial action, relative to the requirement imposed by economic LOAS, has reaffirmed the introduction of social welfare as a fundamental right, supporting the idea of creating a new limit order to evaluate the misery of the old people and people who have special needs and that best fits economic and social reality of Brazil.