O benefício de prestação continuada : um direito da assistência social - uma imperfeita tradução?




The present research comprises a study of the "Beneficio de Prestação Continuada -BPC ", a Benefit of Continuous Service, foreseen in the Brazilian Constitution of 1988 and, in the ambit of the Social Assistance, in organic law (Lei Orgânica de Assistência Social- LOAS), which consists in payment of a monthly minimum wage, driven to the old and deficiency people that don t have survival conditions, and that was implemented starting fIom 1996, being of responsibility of the Federal Government, through the Ministry of the Welfare and Social Assistance of Brazil (Ministério da Previdência e Assistência Social). We proceeded an investigation of this benefit (BPC) about its reach, impact, covering and meaning, as expression or denial of social right, component of the group of provisions of the Assistance, as well the implications in the process of transit of that politics, from the character of a help service for a right service. The results demonstrate that is a right framed in the liberal conception where the responsibility is attributed to the family, being subsidiary the paper ofthe State; it is governed by the principle of the smallest eligibility; it is a minimum provision; a survival right; it submits the rigorous confirmation of needs; it is treated as emergencial and the objective is your own overcoming, what doesn t want to mean the overcome ofthe needs; It is a provision IDadein a solitary way, disjointed of another actions in the field of the social assistance, or of anothers politics; It is commanded by the readiness of resources and that is constant1y threatened; It was an issue of a restrictive regulation that has been suffering alterations by the economic and political conjuncture, what demonstrates the casuistry of the roles; It is constituted, in spite of the defined rules, in a subject benefit the outrages in the judgement of the access, which, also that, it turns it a truncated right


servico social direitos sociais beneficio de prestacao continuada previdencia social -- brasil cidadania

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