POLÍTICAS DE ASSISTÊNCIA SOCIAL E DIREITOS FUNDAMENTAIS: ANÁLISE DO BENEFÍCIO DE PRESTAÇÃO CONTINUADA (BPC) COMO GARANTIA DA DIGNIDADE DA PESSOA HUMANA

Abstract

Social Security is the branch of Law whose pillars are Social Security, Health Protection and Social Assistance; This is provided to anyone who needs it, regardless of contribution. In this way, the State has the role of guarantor of the rights provided for in the Constitution of the Federative Republic of Brazil, so one of the instruments used for this is the promotion of public social assistance policies, including the Continuous Payment Benefit (BPC). This consists of an assistance benefit aimed at people with disabilities and elderly people who live in poverty. Therefore, the purpose of this study is to analyze whether the main public social assistance policies, with an emphasis on BPC, are effective in guaranteeing the constitutional principle of human dignity. To this end, the historical panorama of people with disabilities and elderly people was analyzed, as well as the progress related to society's view of vulnerable groups. Secondly, the historical evolution of Social Security, its principles and its importance in the Brazilian context was studied; as well as the requirements for access to the BPC and the interface with constitutional principles. In the third stage, the difficulties faced by people with disabilities and low-income elderly people were addressed, as well as physical, emotional and intellectual barriers; as well as administrative and judicial medical examinations and the role of the Judiciary as an instrument to guarantee a dignified life. From this, it was realized that the BPC can be considered an effective instrument for improving the quality of life of the most needypeople who are able to access the benefit, mainly through the demonstration of positive results with the reduction of poverty levels, which which contributes to guaranteeing the principle of human dignity. Furthermore, it was found that although it is effective in guaranteeing the human dignity of people who have access to the benefit, the difficulties and barriers faced mean that its accessibility, in a certain way, is not as efficient, so that the route Judiciary has a primary role in protecting these principles through the way it conducts analyzes and concessions of the benefit in question.