Análise jurisprudencial dos requisitos para concessão do benefício assistencial ao idoso/deficiente : uma abordagem contemporânea do conceito de baixa renda.

Abstract

It is intended in this monographic work analyzing the requirements for granting the Assistance Benefit, particularly with regard to the miserable of the requirement, which is its theme. Objective, in the light of literature and jurisprudence analyze, discuss and present the current understanding of the concept of low-income, that is intended to research and clarify the recent jurisprudential understanding to define who is being considered miserable for award purposes of welfare benefit. There have as a general objective of this academic work analyzing the appropriate grounds for granting the Continuous Cash Benefit to be considered low income in a jurisprudential approach to the current concept of wretchedness, as well as specific objectives, demonstrate the evolution and the general aspects of Social Security, its principles and pillars, analyze the peculiarities of Welfare Benefit, your requirements and at the end, to study cases where family per capita income exceeded the maximum established by law, and even then the citizen was considered miserable , taking into account other factors. Justified the choice of this theme as it is presented as fundamental to every citizen of modernity, because, no rights, no citizen is able to survive in society. For this, it uses the bibliographical research methodology consists basically in reading, book report and comparison of theories of the main authors of the law dealing with this problem, as well as jurisprudential research, that it is demonstrated on a case by case, the variation of the applicability of the concept of miserable, indispensable prerequisite for the granting of assistance benefit. Such jurisprudential analysis were taken from research conducted in May 2016, near the site of the Federal Regional Court of the 4th Region - www.trf4.jus.br - using, in the jurisprudence of the search field the terms "continuous benefits" and "per capita income", resulting in a total of 274 files fetched, where some of them were used to perform the search. To achieve the objective outlined in the first chapter discussed the origin of Social Security, both abroad and in Brazil, presenting, also, briefly, the constitutional and principles of Social Protection. In the second, the highlights were the pillars of social security, namely, Health, Social Welfare and Social Security, studying more at the end of this chapter relevant questions about the Continued Benefit, as well as its connection to human dignity. Thus, in the third and final chapter, the jurisprudential analyzes were introduced, as well as the factors and concepts used by the judges to clarify the concept of wretchedness had as a parameter in decisions. Finally, it was concluded that although the legislation considers only miserable who has a per capita family income of less than 1/4 of the national minimum wage, the law is relativizing this delimiter imposed by law in specific cases analysis, considering that the misery can They are present even in families that income exceeds the criteria established by the legislature, and that, in the light of the principle of human dignity, can not stand helpless in front of their socioeconomic vulnerability and inability to provide their livelihood.