THE INTERPRETATION OF THE BENEFIT OF CONTINUED INSTALLMENT AND THE CRITERIA OF MISERABILITY

Abstract

The BPC has questionable criteria in light of the condition of the criterion of misery and its constitutional interpretation. Therefore, this study aims to analyze the importance of this benefit and its criteria with a focus on the objective of interpreting the BPC and the criterion of misery. As a methodological aspect, a bibliographic research was carried out on the subject, with scientific studies and books on the subject to reach the results of this research, developing a critical exploratory review, in addition to the synthesis of legislation and jurisprudence. As a result, ADI 1232/DF was analyzed, which declared the constitutionality of art. 20 of LOAS in 1998, and later had its understanding changed in the judgment of Complaint 4374 in 2013 and also its relationship with the principle of human dignity. Noting that within the scope of constitutional jurisdiction, the criterion of misery of the BPC is considered unconstitutional, even if its nullity has not been recognized by the STF. Concluding that the rule about the benefit is outdated in terms of reference values, which offends the dignity of the human person.

Keywords: Benefit. Continued Payment. Miserability.