A GARANTIA CONSTITUCIONAL PARA CONCESSÃO DO BENEFÍCIO DE PRESTAÇÃO CONTINUADA

Abstract

The present work has as its main object the Benefit of Continuous Provision (BPC), and the objections faced by applicants who seek its concession from the National Institute of Social Security - INSS, as well as the difficulties faced by individuals who need to undergo the analysis of per capita income and when conducting the medical examination, since the system is full, and the patient's analysis, in many situations is done superficially, causing losses with the non-granting of the benefit. The article used bibliographical and documentary research, using the exploratory and explanatory research method, which aimed to examine, under a constitutional and infraconstitutional approach, the eligibility requirements required for granting the benefit, highlighting the existing problems regarding such criteria. Likewise, the historical evolution through which the assistance benefit has passed over time was discussed, presenting the main changes incorporated in the legislation, mainly in the scope of social assistance.