Deficiência e aids : o judiciário e o benefício de prestação continuada
Flávia Aparecida Squinca
DATA DE PUBLICAÇÃO
This is a dissertation about disability, Acquired Immunodeficiency Syndrome (AIDS) and Continuous Cash Benefit Programme (BPC). The objective was to analyze the concept of disability used to the BPC selection process, having the AIDS as a case study. The data collection used mixed methods with qualitative and quantitative techniques. A national survey with medical experts from the National Social Security Institute (INSS) was carried out, since they are considered the responsible ones for the selection process; an analysis of content of two judicial law suits by people living with HIV/AIDS against INSS was performed; and an analysis of both national and international literatures about the social and medical models of disability, BPC and social policies in Brazil. The results of the research showed that 98% of INSS medical experts consider asymptomatic HIV people infected not eligible to BPC, while 82% of them consider advanced symptomatic HIV people eligible. The contents analysis showed: 1. the concept of disability used by the Judiciary at the judicial law suits is closed to the social model, which considers disability as a form of social exclusion; 2. the INSS medical experts understand disability from a biomedical perspective, reproducing the medical model. As a result, the national jurisprudence moves forward the legal concepts on disability, poverty and labor capacity, key concepts to consider a person eligible to BPC; 3. AIDS is a paradigmatic case to challenge the medical narrative on disability and disease; 4. and, finally, the social-economic aspects of the people living with HIV/AIDS are decisive to concede or not the BPC as a disabled condition.
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