O assistencialismo público em programas de transferência direta de renda e suas restrições a gastos: um estudo sob o paradigma constitucional

Abstract

The 1988 Constitution established a democratic legal order, based on an eclectic and guiding principle-based framework, with the fundamental objective of eradicating poverty and marginalization and reducing social and regional inequalities. These objectives are achieved in a variety of ways, including through public policies for direct income transfer, such as the Bolsa Família and Pé-de-Meia programs. From this perspective, a section is made to analyze how the money received by beneficiaries has been spent. The main objective of this research is to analyze the constitutionality and legitimacy of restrictions on the spending of welfare resources, as well as to contribute to the debate on the duties of the Public Administration and the limits of state intervention in the autonomy of beneficiaries, as well as on the need to promote the common good sought by public policies. Regarding the methodological aspect, a qualitative approach of an exploratory and descriptive nature is adopted. It is concluded that in the absence of a less burdensome means of protecting the public interest in welfare, restrictions on the spending of resources derived from public policies for the direct transfer of income can be considered constitutional, promoting human dignity and the common good.