BENEFÍCIO DE PRESTAÇÃO CONTINUADA À PESSOA COM DEFICIÊNCIA MENOR DE 16 ANOS: ANÁLISE SOBRE O CRITÉRIO DE IMPEDIMENTO DE LONGO PRAZO NO ÂMBITO ADMINISTRATIVO

Abstract

The present work has as its main object, the study of the Benefit of Continuous Provision - BPC, with emphasis on assistance support for the disabled applied to children and adolescents, seeking to highlight the main challenges faced by this group when applying for the BPC with the INSS. The Continuous Provision Benefit is a guaranteed right for those who cannot provide for their own support, nor even have it provided by their family, thus ensuring a monthly minimum wage to the disabled and/or elderly person who is meet the necessary requirements imposed by law nº 8.742/93. The study is a documentary and bibliographical research, which sought to analyse, in a constitutional and infra constitutional perspective, the requirements that would be necessary to assess who is entitled to such benefit, demonstrating the problem of such impositions applied to the long-term impediment in analysis of the disabled. The work presented the historical evolution of this benefit over the years, demonstrating the main changes incorporated in the legislation on social protection. In view of the whole study, it was noticed that the requirements established by the current legislation cannot be analysed in a generic way on the application of the analysis on prepubescents, since they present different aspects of life from adults, having their peculiarities. In addition, this work seeks to understand, in a humanistic way, the requirements that are imposed by the Social Assistance Law - SAL, highlighting the main flaws in the performance of medical examinations in the administrative way, with the entire study guided by the Principle of the Dignity of the Human Person.