Assistência social: da caridade ao status de direito social objeto de judicialização

Abstract

The present work of course conclusion seeks to approach Social Assistance as a social right established in the Federal Constitution of 1988, bringing its historical construction, from the charity rendered by individuals and the segregated actions provided by the State until the acquisition of the status of right and duty of the State. The panorama traced includes the progressive entry of social demands into the political scene, which goes back to the beginnings of civilizations, passing through important historical events, significant in the struggle for rights, and concatenating essential concepts to understand this process, such as social and political issues public policies. In this way, we will point out some reasons justifying the legitimacy and the obligation of the State to provide assistance to the homeless, stressing the importance of the constitutional firmament of the right to Social Assistance for the construction of a true system of social protection, in line with the Brazilian reality of inequalities social and socioeconomic vulnerability, which led to the promulgation of various normative diplomas in the infraconstitutional scope, to regulate the matter and give full effect to this important right. Thus, after acquiring the constitutionally established social right status, it will be demonstrated the process of growth of the Social Assistance judicialization, in order to point out the transformations of the positions adopted by the Judiciary Power in the face of such demands, as well as present current doctrinal discussions and jurisprudence raised in judicial protection. And, finally, it will be made clear the judicial flexibility of the criteria for granting benefits, since these laws deal with most of the lawsuits that discuss the right to Social Assistance.