Transtorno do espectro autista: análise de decisões do TRF5 sobre o critério de renda para o Benefício de Prestação Continuada (BPC)

Abstract

The objective of this research was to analyze the judicial flexibilization of the income criterion for the Continuous Cash Benefit (BPC), focusing on demands from individuals with Autism Spectrum Disorder (ASD). The study examined decisions from the Appellate Panels of the Federal Justice issued following the inclusion of new parameters for evaluating misery under Article 20-B of Law No. 8,742/1993. The research followed a qualitative and descriptive methodology, utilizing documentary analysis and qualitative content analysis of 47 judicial decisions obtained from the jurisprudence portals of the Federal Regional Courts (TRFs 1 to 6) between January 1, 2022, and December 31, 2025. Data processing was supported by ATLAS.ti software. Results indicate regional interpretive fragmentation and reveal that judges predominantly rely on socio-economic evidentiary elements that go beyond the parameters established in Article 20-B of the Organic Law of Social Assistance (LOAS). The research is justified by the increasing judicialization of the BPC and the inadequacy of legal criteria to capture the qualitative vulnerability of atypical families. As a practical contribution to public management and the justice system, a Technical-Technological Product (PTT) was developed: a Practical Guide for Proving Socio-economic Vulnerability, designed to guide lawyers, public defenders, and families in qualified procedural instruction to demonstrate actual misery. These findings are expected to contribute to the debate on the effectiveness of social assistance policy and the role of judicialization in securing social rights, considering the barriers faced by people with ASD and their families.