CONTINUOUS BENEFIT BPC/LOAS: AN ANALYSIS FOR THE PURPOSE OF INFORMING AND GUIDING HOW TO OBTAIN THE BENEFIT FROM THE INSS, AND THE CRITERIA FOR AUTISTIC PEOPLE TO BE BENEFICIARIES

Abstract

This study aims to analyze the legal criteria for granting the Continuous Cash Benefit (BPC), established by Law No. 8.742/1993 (LOAS), with a special focus on individuals diagnosed with Autism Spectrum Disorder (ASD). The specific objectives include understanding the legal framework that protects individuals with autism, particularly under Law No. 12.764/2012 (Berenice Piana Law) and Law No. 13.146/2015 (Statute of the Person with Disabilities), as well as examining the per capita income requirement defined by Law No. 13.981/2020. Additionally, the study seeks to identify the main challenges faced by families in accessing the BPC. The methodology adopted was bibliographic research, based on the analysis of books, scientific articles, legislation, journals, and other relevant publications. The findings indicate that the BPC is a crucial public policy for the social inclusion of individuals in situations of vulnerability, especially those with disabilities such as autism. The results highlight that, despite legislative progress, practical and bureaucratic barriers still hinder the full realization of this right.