A concessão do benefício assistencial ao estrangeiro residente no Brasil à luz da jurisprudência do Supremo Tribunal Federal

Abstract

The present study object to evaluate whether the Assistance Benefit of Continued Provision can be granted to the foreigner residing in Brazil, from the historical analysis of the leading institutes of Social Security, of the study of the constitutional requirements for the granting of Assistance Benefits of Continued Provision and of the confrontation of the main favorable and contrary arguments prevalent in doctrine and jurisprudence, notably in the recent Supreme Cout judgment, Extraordinary Appeal nº 587.970/SP, which considered the merits of case in terms of general repercussion. To reach the goal outlined, the deductive method is used to perform a bibliographic, exploratory and qualitative research. As a result of the present study it is evidenced that the social benefit is a fundamental right recognized by the Brazilian legal system, from which the foreign residents in the Country can also enjoy, as there is no provision of the Constitution of the Federative Republic of Brazil of 1988 in a different sense, in accordance with the principle of the dignity of the human person.