ARAÚJO, H. A.; ARAÚJO, Hávila Almeida de.
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.
