Questões divergentes, na doutrina e na jurisprudência, acerca dos requisitos necessários para concessão do benefício assistencial

Abstract

This monograph discusses the legal issues not yet pacified about the necessary requisitions for granting the care benefit for old-aged people and disabled. It analise the extent of the meaning of disability (disability) in doctrine and jurisprudence, which analyze the most reasonable amount of income per capita as a requirement for the BPC. The study will take place on the basis of bibliographic and other textual documents such as laws, doctrinal positions, scientific articles in their websites, in magazines and understanding legal jurisprudence. We conclude that the Social Services as a means and an end state to achieve the welfare and social justice, provide the care benefit for the elderly, people regarded as disabled, provided that any incapacitated for work because they have not proven able to provide sustenance and not have it provided by relatives.