Impedimento temporário para caracterizar critério atinente a concessão do benefício de prestação continuada

Abstract

The work in question addresses the topic "Temporary impediment to characterize criteria relating to the granting of the benefit of continued provision". The focus is to analyze how the concept of temporary impediment influences the characterization of the criteria for granting the Continuous Payment Benefit (BPC) and how these considerations impact the effectiveness and equity of the social assistance system in the Brazilian constitutional context. The research aims to fill gaps and deficiencies identified in the national legal system, highlighting interpretative divergences in light of the 1988 Federal Constitution. The core of the discussion arises from the question of how the concept of temporary impediment relates to the granting of the BPC and what its impact on assistance policies. The objectives include analyzing the foundations of social security, investigating the legal aspects of social protection in Brazil, investigating the effectiveness of constitutional principles related to social security, examining the requirements for obtaining assistance benefits, studying the concept of misery and disability in the context of legislation, analysis of medical expertise for people with disabilities, and evaluation of the courts' view regarding the temporary impediment linked to people with disabilities to characterize the BPC. Methodologically, the research adopted a qualitative approach, conducting an extensive bibliographical research that included jurisprudence, doctrines, scientific articles and monographs. It is hoped that the research will provide a solid knowledge base for more effective and compassionate interventions in social assistance, promoting less restrictive legislative approaches aligned with constitutional principles.