O benefício de prestação continuada na LOAS: os desafios enfrentados por deficientes para o requerimento do amparo assistencial

Abstract

The present work has as its main object, the study of the Continuous Cash Benefit - BPC, with emphasis on assistance support to the disabled, seeking to highlight the main challenges faced by this group when applying for the BPC with the INSS. The Continuous Cash Benefit is a right guaranteed to those who cannot provide for their own support, or even have it provided for by their family, thus being guaranteed a monthly minimum wage to the disabled and/or elderly person who is fit the necessary requirements imposed by the Law. The study is a bibliographic and documentary research, which sought to analyze, from a constitutional and infra-constitutional perspective, the requirements that would be necessary to obtain who is entitled to such benefit, demonstrating the problem of such impositions . It was also observed the historical evolution of such benefit over the years, demonstrating the main changes incorporated in the legislation on social support. In view of the entire study, it was noticed that the requirements established by the current legislation cannot be analyzed in a generic way, since each insured has its peculiarities. In addition, this work seeks to understand in a humanistic way the requirements that are imposed by the Social Assistance Law - LOAS, highlighting the main flaws in the performance of medical examinations, administratively, as well as seeking to demonstrate that the mathematical criterion of income minimum per capita is not a sufficient parameter for the conceptualization of social misery, and the entire study is guided by the Principle of Human Dignity.