BENEFIT OF CONTINUED PROVISION
THE ECONOMIC CRITERION IN THE LIGHT OF THE UNDERSTANDING OF THE JUDICIARY AND RECENT LEGISLATIVE INNOVATIONS
DOI:
https://doi.org/10.51473/rcmos.v1i10.2021.164Keywords:
Social assistance, Benefit of the continued provision, Economic criterionAbstract
The object of the present work, aims to study the requirement of miserability, that is, the economic criterion, which is one of the necessary requirements to obtain the right to the Continuous Benefit Benefit, which brings the necessary parameters to obtain the right to protection. of the said law. Doubts about the constitutionality of the said criterion, based on social changes and the conditions of individual subsistence, the need for a more flexible economic aspect are of great need, in view of the real current economic condition of those who are in a greater situation. financial vulnerability. In view of this, a relative "confrontation" between the evaluation methods used by the INSS, responsible for the evaluation, concession and maintenance of the benefit in the administrative scope, which uses the strict criteria stipulated by the Organic Social Assistance Law, that is, per capita income below ¼ of the federal minimum wage and the flexibility formed by the jurisprudence of the Courts and Courts
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