(IN)CONSTITUCIONALIDADE DO CRITÉRIO DE MISERABILIDADE DO BPC À LUZ DA DIGNIDADE DA PESSOA HUMANA E DA UNIVERSALIDADE

Abstract

The present study examined the unconstitutionality of proof of poverty applicable to the granting of Assistance Benefit of Continued Provision for both elderly and disabled people in the light of the principle of human dignity and universality. The aforementioned individuals face obstacles to full and effective participation in society, on an equal basis with other citizens, and which prove the lack of means to provide for their own subsistence or receive it from their family members. For this purpose, a comprehensive theoretical survey of the fundamental concepts that govern the matter was understood: social protection, social assistance, historical evolution, benefit of continuous provision and beneficiaries. In addition, seeking to achieve the objectives of the study, scientific methods and methodological procedures were employed in conducting the current research, using bibliographical research as a method, with a qualitative approach, considering that it is a subjective analysis of the problem, based on doctrines, jurisprudence, legislation and judicial processes. In conclusion, it was found that the requirement of miserability can, when transformed from enabling, prevent people in extreme poverty from having access to the welfare benefit from the point of view of the aforementioned constitutional principles.