Possibilidade de concessão do benefício assistencial quando a renda per capita familiar for superior a 1/4 do salário mínimo.

Abstract

The Social Welfare is one of the policies of the state to provide means of livelihood for those who are in a situation of vulnerability, through private and state activities, in order to provide benefits and services, regardless of contribution by the person concerned. Among these benefits, the benefit of continued provision is one whose income amounts to a minimum monthly wage paid to Aging, from 65 years old, the disabled and unable to work and an independent life that have no means of providing the very maintain or to have it filled by his family. However, for granting the benefit, the per capita family income must be less than !4 (one quarter) of the minimum wage, as required by Section 3, Art. 20 of the Organic Law of Social Welfare, which has been causing disagreements and controversial legal questions about the device under study. The main objective of this study was to expose the conflict of doctrinal and legal position regarding the possibility of granting the benefit assistance when the per capita income is higher than the minimum law, and examine the unconstitutional nature and objective and absolute discretion of the tax organic law of social assistance And also the aim of proposing changes to the device under study as a way to ensure human dignity. To that end, the methodology used in scientific research took place through literature search, the method exegetic-legal and historical-rolling, as well as consulting the law, articles and legal journals. The research on systematized screen is in three chapters. The first refers to aspects of social assistance. The second deals with the benefit of providing continued and the principle of human dignity. The third, in turn, comes from differences of the courts as to the possibility of granting of the assistance. There was, as a result of this work, that the criterion for measuring miserably provisions in the law is not upheld by the majority of home courts and also by the Federal Constitution, and therefore is not able to meet the social contingencies.