Análise acerca do beneficio assistencial ao idoso e ao deficiente no tocante ao cálculo da renda per capta

Abstract

The present TCC contemplates a panoramic study on social security and benefits (benefits and services) of social security, health and, above all, social assistance. It will clarify the main aspects related to social security, such as: origin, concept, evolution history, composition, structure and constitutional principles. In addition, objective, the main characteristics of social security and health institutes as essential institutes for social protection, regulated by respectively by Law 8,212 / 91, Law 8,213 / 91, Decree 3,048 / 99 and Law 8,080 / 90. The present study has as its main scope a careful analysis on social assistance, analyzing in greater depth its benefits for the maintenance and extension of social protection, giving emphasis to the welfare benefit to the elderly and disabled, a priori by the Constitution of the Federative Republic of Brazil of 1988, through article 203, item V, mainly with regard to the calculation of per capita income for the perception of this benefit, which is regulated, among other normative devices, by the Organic Law of Social Assistance (LOAS), Law 8.742, of December 7, 1993. The main lines of the work are constitutional and legal texts , the jurisprudence of the STF, STJ and other courts and the tendency a systematic interpretation of the legal provisions in question.