THE FLEXIBILIZATION OF THE INCOME CRITERIA FOR GRANTING THE ASSISTANCE BENEFIT FOR PEOPLE WITH DISABILITIES (BPC/LOAS)

Abstract

The main scope of this study is to assess the existence of a tendency to make the income criterion adopted by the Organic Social Assistance Law (Law no. 8,742/1993) more flexible, especially in its article 20, §3º, for the granting of continuous payment benefit (BPC). Thus, during the inquiry, the historical evolution of the struggle to guarantee the fundamental rights of people with disabilities is analyzed, addressing, to this end, the overcoming of declarations that are sometimes ableist and landmarks such as the UN Convention on the Rights of Persons with Disabilities and the Statute Persons with Disabilities (Law No. 13,146/2015). The formulation of qualitative theoretical research and the hypothetical-deductive method were used, which had as its primary component bibliographical research with a basis in doctrine, jurisprudence and constitutional and infra-constitutional legislation. As a result, the jurisprudence of the Superior Court of Justice and the Federal Supreme Court was identified as precursors to the aforementioned relaxation of the income criterion, which was merely objective, envisioning the need to cover aspects that were also subjective for a possible concession. As a consequence of this turn, the publication and validity of Law No. 14,176/2021 was highlighted, as well as the limitation of its applicability was criticized, so that its insufficiency left the consecration of the dignity of people with disabilities once again to the thanks to court decisions, which currently recognize the need to spread the assessed flexibility.