Análise crítica do critério de miserabilidade para concessão do benefício de prestação continuada

Abstract

The Continued Benefit, BPC, is a guarantee of the Federal Constitution to citizens who live in a situation of social inequality due to their advanced age or a condition of pathology(ies) that, added to factors inherent to each individual, put him/her in a situation of negative diversity about third parties. In addition, the BPC is a proposal to assist those most in need financially to ensure that their lives are impacted and that they can overcome adversities to achieve dignified living conditions and even ride out - albeit partially - the hardships with which they fight daily. It happens that, even though it is a social right and there are prerogatives favorable to the plaintiff citizen, there are still circumstances that foster questions about constitutionality and the preservation of this guarantee to the neediest. Motivated by this, the present research proposes to analyze the advances, question the setbacks, foster comparative doubts and make suggestions that can raise better administrative and judicial practice in the cases of granting the Continued Benefit.