A isonomia entre nacionais e estrangeiros no tocante ao assistencialismo público sob o olhar do STF

Abstract

Nationality, a relevant subject in the studies of constitutional law, establishes the differentiation between Brazilians and foreigners, as well as between native and naturalized Brazilians, limiting such differences, among the latter, within the provisions of the Constitution itself, while infra constitutional law must not increase nor reduce distinctive features. However, is it appropriate, in a period of crisis, to grant welfare benefits to foreigners who meet the requirements of the benefits the elderly and the disabled are entitled to? The topic has raised considerable attention, especially because of the art. 203, V of the Federal Constitution, which provides that the matter must be regulated by law, that is, it is a device of limited constitutional effectiveness. Therefore, its precepts depends on an infra-constitutional diploma to be fulfilled. What should then prevail, the dignity of the human person, the fraternity inscribed in the Brazilian constitution and the equality between nationals and foreigners, or an austere restriction on the granting of benefits to elderly foreigners and those with special needs? This article addresses the two positions, considering the relevance of the theme and its contemporaneity, based on scholarship, jurisprudence and, especially, the decision of Extraordinary Appeal no. 587970, in which, unanimously, the cited assistance benefit was granted to a foreign residing in Brazil for over 54 years. To do so, with the scope of deepening the discussion of such a relevant topic, we use the deductive and comparative method of research.