O CRITÉRIO DE MISERABILIDADE DO BENEFÍCIO DE PRESTAÇÃO CONTINUADA SOB A PERSPECTIVA DA JUSTIÇA SOCIAL

Abstract

This monography aims to carry out an analysis regarding the economic criterion of destitution for access to the continuous welfare benefit from a perspective rooted in the principles of social justice. In light of this, an approach is outlined based on the historical and normative evolution of Social Assistance alongside changes in the prevailing interpretations of the courts on the subject. Furthermore, an examination of the limits of the Judiciary in relation to social rights related demands is conducted. The concepts of social justice and law as integrity are encompassed for the development of the text since these are directly linked to the foundations of the aforementioned benefit. In this context, there is a need for consistency between the norms that make up the legal framework and the constitutional text for the effective teleological fulfillment of the continuous welfare benefit (BPC). Finally, a perspective is put forth that the current economic criterion of destitution represents a restriction for certain applicants who, according to the constitutional premise, are in an obvious situation of social vulnerability.