THE JUDICIALIZATION OF BPC/LOAS ADMINISTRATIVE DEMANDS

Abstract

This article investigates the challenges and impacts of the judicialization of administrative demands for the Continuous Payment Benefit (BPC/LOAS) aimed at people with disabilities in Brazil. Initially, the legal foundations of the BPC/LOAS and its role in social protection and inclusion of people with disabilities and elderly people in vulnerable situations are addressed. Next, the obstacles and challenges faced by applicants in the administrative process of granting the benefit are discussed, highlighting the delay in analyzing requests, the lack of transparency and the difficulty in accessing INSS services. Subsequently, the reasons for the judicialization of BPC/LOAS administrative demands are examined, as well as the physical, emotional, socioeconomic and legal impacts of this phenomenon on the lives of the applicants and on the judicial and administrative system. Finally, measures and strategies are proposed to mitigate judicialization and improve the effectiveness of public policies related to BPC/LOAS, aiming to guarantee fair and equitable access to the benefit for all those who need it.