SOCIAL ASSISTANCE AND THE BENEFIT OF BENEFIT CONTINUED FROM LOAS

Authors

Keywords:

Continuing benefit - LOAS - existential minimum

Abstract

The recent Constitutional Amendment Proposal - PEC 6/2019, the famous PEC of the Social Security reform, brought changes that aimed to reduce the amount paid monthly to those who are in poverty, establishing a variable amount to the benefit to be calculated based on several factors, the predominant being age. Fortunately, these amendments have not been approved by the House of Representatives, however, given the great prejudice on welfare benefit, it is necessary to justify the need for the benefit as well as to maintain the benefit set at a monthly minimum wage for people with disabilities. and elderly people who are unable to provide for their own subsistence. It is a matter of guaranteeing the minimum existential for those who are unable to provide their own support due to disability contingencies and advanced age, finding such benefit based on the principles and provisions of the Federal Constitution of 1988 and for this reason should not be reduced as intended for PEC 06/2019.

Author Biographies

Sebastião Sérgio da Silveira, UNAERP

Graduated in Legal Sciences from the University of Ribeirão Preto (1984), Master in Law from the Pontifical Catholic University of São Paulo (1999); Doctorate in Law from the Pontifical Catholic University of São Paulo (2004) and Post-Doctorate from the Faculty of Law of the University of Coimbra-Portugal (2011). He is currently the 8th Prosecutor of Ribeirão Preto, of the Public Prosecution Service of the State of São Paulo; Full Professor at the University of Ribeirão Preto, where he is Coordinator of the Postgraduate Course in Law and PhD Professor at the Department of Public Law at the Ribeirão Preto Law School of the University of São Paulo - FDRP-USP. He was part of the State Executive Committee of the National Judicial Health Forum of the National Council of Justice - CNJ, from March 2011 to 2016. Has experience in Law, acting on the following subjects: misconduct; public civil action, environment, third sector, public health, childhood and youth, citizenship and criminal proceedings.

Andréia Chiquini Bugalho, UNAERP

The recent Constitutional Amendment Proposal - PEC 6/2019, the famous PEC of the Social Security reform, brought changes that aimed to reduce the amount paid monthly to those who are in poverty, establishing a variable amount to the benefit to be calculated based on several factors, the predominant being age. Fortunately, these amendments have not been approved by the House of Representatives, however, given the great prejudice on welfare benefit, it is necessary to justify the need for the benefit as well as to maintain the benefit set at a monthly minimum wage for people with disabilities. and elderly people who are unable to provide for their own subsistence. It is a matter of guaranteeing the minimum existential for those who are unable to provide their own support due to disability contingencies and advanced age, finding such benefit based on the principles and provisions of the Federal Constitution of 1988 and for this reason should not be reduced as intended for PEC 06/2019.

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Published

2019-12-11

Issue

Vol. 1 No. 1 (2019): ANNALS OF THE I INTERNATIONAL CONGRESS OF THE IBEROAMERICAN SOCIAL SECURITY RESEARCH NETWORK

Section

GT "O desafio de proteção aos vulneráveis no século XXI"