EFFECTIVENESS AND GRANT REQUIREMENTS OF THE CONTINUED PROVISION BENEFIT (BPC) - ASSISTANCE SUPPORT FOR THE ELDERLY IN LIGHT OF THE FEDERAL CONSTITUTION

Abstract

The present study takes an approach to the Continuous Payment Benefit (BPC), as assistance support for the elderly guaranteed by the Federal Constitution of 1988, by establishing and protecting rights relating to health, social security and social assistance. The objective is to analyze its effectiveness as a social assistance policy created to combat poverty that affects the lowest and most disadvantaged classes, as well as what the requirements for granting are in light of the Federal Constitution. The methodology used was bibliographical research, using exploratory research as a method using the Federal Constitution of 1988, legislation on the BPC-LOAS, specialized magazines and jurisprudential research from the Federal Superior Court (STF) and Superior Court of Justice as a database. (STJ), presenting different perspectives on the analysis methodology and concepts that guide the BPC-LOAS. The results indicate a methodical and restrictive approach by the National Institute of Social Security (INSS) in the analysis and validation of the requirements necessary for the application of the law, especially with regard to the issue of poverty and per capita income in the family, noting that there was an important evolution derived from jurisprudential understandings, resulting in the construction of new concepts of vulnerability and the expansion of the way the BPC is operationalized.