A caracterização dos impedimentos de longo prazo para a concessão do Benefício de Prestação Continuada: uma análise jurisprudencial sobre o critério de deficiência entre os portadores de HIV

Abstract

The present work aims to study how the notions of disability and of long-term impairment are used by legislation and jurisprudence specifically in relation to the granting of the Continuous Cash Benefit Program (BPC) for HIV carriers. The topic is relevant due to the importance that the BPC has for income distribution and effective social protection of the country's most vulnerable population in recent years. The monograph draws attention to the diversity of factors involved in the configuration of disability. It also exposes the peculiarities of HIV, that it still carries a strong social stigma and often imposes restrictions on the participation of its carriers in the community. The study was developed through bibliographic research, including the analysis of books, scientific and legal journals, periodicals, national legislation and judicial decisions, and by deductive methodology, with a case study.