Benefício de prestação continuada: critérios utilizados no cálculo da renda familiar

Abstract

The present paper deals with the Continuous Benefit Benefit (BPC), criteria used in the calculation of family income. It is a benefit belonging to Social Assistance, which is a branch of social security. The BPC guarantees a minimum wage for the elderly and the disabled, who do not have the economic conditions to support themselves or with the help of their family. The project will use the deductive method, through research in doctrines, articles, jurisprudence and legislation on the subject. The study will use the interdisciplinary technique, through the observation of Constitutional Law, Social Security Law and legislation related to Social Assistance. To demonstrate that the criteria used to gauge family income in granting BPC, in order to characterize their miserability, cause numerous controversies between administrative and judicial decisions. Thus, the present study will address the criteria used in calculating the family income through administrative and judicial to determine the grant of the Continuous Benefit Benefit, specifically in cases where there are already in the family group people who receive PCBs (deficient or Elderly person) or social security benefit, and how the administrative and judicial decisions could be unified so that the benefit can be granted as quickly and fairly as possible, in a way that respects the constitutional principles of human dignity and dignity, together with The principles of social security and the objectives of social assistance. The negligence of the legislative and executive powers ends up delaying the granting of this assistance benefit.