A possibilidade de extensão do benefício de prestação continuada à pessoa refugiada no Brasil

Abstract

Faced with the new migratory realities in the world, resulting from circumstances, unfortunately, beyond the individual's will, it is interesting to analyze the refugee's social protection, within the scope of Social Assistance in Brazil. The general objective of the present study is to investigate the possibility of extending the Continuous Cash Benefit (BPC) to the person in refugee status in Brazil. Therefore, the methodology used was bibliographic, documentary and data, having as parameters books, articles, international and national legislation (constitutional, infra-constitutional and infra-legal), jurisprudence and governmental and international organizations websites. The development of this work is divided into three chapters. The first chapter deals with Social Assistance in Brazil, with emphasis on its main benefit, the BPC, which is aimed at the elderly and the disabled in a situation of misery. It was emphasized that the Major Standard of 1988 raised Social Assistance with its own Section, given its importance, since it must be provided to those who need it, regardless of contributions, without making distinctions between nationals and foreigners residing in the country. In the second chapter, we seek to present general aspects of the refugee, emphasizing the situation of vulnerability and the mechanisms of legal protection (international and national), including highlighting the commitment assumed by Brazil to protect the refugee. In the following chapter, a more accurate analysis of the Supreme Court's jurisprudence will be made, which was expressed in RExt n. 587.970/SP on the granting of social support to foreigners residing in Brazil. Indeed, the legal issue of the subject is analyzed, in order to evidence perfect normative and jurisprudence compatibility of the national legal system of administrative concession by the INSS of the BPC to the refugee, despite the public entity still not doing it, having people in refugee situation to resort to the Judiciary. It was concluded that, in view of the constitutional principles and objectives of Social Assistance, as well as Brazil's position in the international instruments of commitment to the protection of the refugee person, the BPC will be due to the refugee who, legally resident in the country and fulfills the constitutional requirements and legal, must have its right recognized administratively, with no legal support to deny the extension of the BPC to this species of non-national who is in an extreme situation of vulnerability.