ANÁLISE DOS BENEFÍCIOS DE PRESTAÇÃO CONTINUADA, BOLSA FAMÍLIA OU AUXÍLIO BRASIL E AUXÍLIO EMERGENCIAL, À LUZ DO CONCEITO DE PISO DE PROTEÇÃO SOCIAL (PPS)

Abstract

From the welfare state at the beginning of twentieth century, through neoliberalism in the 90’s, the social assistance initiatives has undergone some changes motivated by large periods of social economic crisis on recent human being history. Nowadays, a presumed new standard to solve this issue claims for implementation, the minimum social assistance fund, presented as a response to the adversities of the present time, this turn represented by wild capitalism as well as by covid-19 pandemic. In Brazil, the proposed model is palpable by public policies as the Continuing social benefit provision (BPC), separated in different kinds, family allowance or Brazil aid and emergency aid, provided by Brazilian Federal Government. Even so, there are no guarantees that the benefit related to these fundamental social rights can be executed, as sometimes the attempt to execute them face obstacles, especially economic ones, due to the lack of available funds, once they need monthly major payment. On the other hand, human dignity principles are the most important principles in Brazilian legal system. And associated to it there is a set of minimum living conditions for a human being which are expected to be provided by Federal Public Administration. Facing legislator’s omission in consolidate social human rights what results in judicial charging of individual claims, it is noticeable the use of postulates mentioned as for and con arguments to social rights consolidation. It is appropriate to conclude that related to judicial issues there is notorious primacy of minimum human being living condition basis opposite to the fund that is possible to keep attending it. Meanwhile, legislator, who are responsible for to materialize fundamental human rights attendance, tend to produce laws obeying the same principle. However, because of government interference, omit themselves along the years. Therefore, it is possible to assume that considering a kind of dependence on congressional representatives and their philosophical convictions, higher or lower level of priority can be destined to public policies on social assistance funds, which means a balance between what is possible, and the contemplation of minimum human being living condition basis. Facing this aspect, the identification of the essential core corresponding to this minimum is of great importance related do BPC, once they consider the minimum protection to human lives, which means it cannot be erased from considering the arguments based on reservation of possible. Besides that, it would constitute an offense to the human being dignity and to the constitutional commandments themselves. In another hand, some limits should be stablished by law, considering both social and financial aspects in order to guarantee that there is provision enough to contemplate not only a human fundamental right, - what would result in annihilating with the other rights- but also there is the intention of guaranteeing the ultimate contemplation of it. In addition to that, there is a need to elaborate a plan of gradual inclusion of all the people, which are potentially candidate to benefit from BPC. It should be planned an expansion of the eligibility criteria set aiming to benefit a larger number of people.