Análise a respeito da possibilidade de recebimento do benefício assistencial LOAS para estrangeiro.

Abstract

This monograph defends the possibility of granting welfare benefits to foreigners residing in Brazil, since the Federal Constitution, especially in its article 5, ensures the enjoyment of individual rights and guarantees on equal terms with Brazilians. In addition, it addresses the historical and legal aspects of social security and welfare, as well as objectives and principles that guide the present matter. It broadly analyzes the continuing benefit provided by Article 203, item V, of the constitutional norm and regulated by Law 8,742 / 93, as well as the requirements for granting it. In the course of the work demonstrates the possibility of granting this benefit to the foreigner, despite there are opposing positions against the INSS itself. For this autarky it would be impossible to guarantee this assistance to the immigrant, since there are some economic and social reasons that can not be disregarded. It is unequivocal that there is a possibility that there will be an increase in the number of foreigners who may come to Brazil in order to obtain the benefit of a continuous salary in the amount of a minimum wage, providing a better quality of life for their family, especially when living in situations of shortage or financial hardship in their country of origin. Thus, the Brazilian welfare regulator seeks a way to invalidate a constitutional prerogative, with shallow grounds, since the fundamental text does not distinguish between Brazilians and foreigners residing in the country for the enjoyment of fundamental rights and guarantees. The work presented here is justified and proves relevant insofar as it seeks to defend that the granting of social security benefits to foreigners is in line with the constitutional norm, especially with the postulate of equality. In order to achieve the objectives, the deductive method was used, with a bibliographical and virtual research technique, having as primary sources: Constitution, laws jurisprudence and specialized doctrines. Secondary sources, scientific articles, journals and reading of texts that deal with the problematic were also used. Finally, it is concluded that the Brazilian legal system offers subsidies that enable the granting of the benefit of continued social assistance (LOAS) to foreigners, because the constitutional provision granted to social assistance at any time excludes them from its scope.