Benefício de prestação continuada : uma análise dos requisitos para a sua concessão a partir da Comarca do Catolé do Rocha/PB .

Abstract

n line with the Federal Constitution, Social Security was designed to guarantee and protect the dignity of the human person, always highlighting the fight for protection of people who are unable to provide for their livelihood or to have it provided by your family. In view of this, the Provision Benefit was prepared Continued – BPC, which provides for the guarantee of a monthly minimum wage to people with disability and the elderly who fit the criteria established by Law no. 8,742/1993. Based on this premise, this work aims to analyze which the path that must be followed in order to achieve the social benefit. what if In terms of methodology, it is an indirect exploratory and documental research, using the deductive approach method and the procedural method historical-evolutionary. The research allowed us to infer that the laws complementary infraconstitutional provisions ended up limiting and hindering access to social protection, acting contrary to what is established in the Magna Carta. Also the successive legislative flaws regarding the applicability of the criteria BPC concession. Finally, the analysis of the assistance judgments carried out in the District of Catolé do Rocha/PB allowed to conclude that, despite being flawed, the Judiciary has more accurate positions than the administrative analysis body - INSS.