ANÁLISE DA CONSTITUCIONALIDADE DO REQUISITO BAIXA RENDA NA CONCESSÃO DE BENEFÍCIO DE AUXÍLIO-RECLUSÃO

Abstract

This production presents an analysis of the constitutionality of the low income requirement in granting the benefit confinement-assistance. For this realization a historical survey of public policies of the State, and still the role of the church throughout history without assistance. This paper presents the requirements for the granting of confinement-assistance, discusses the current rules that guarantee this right to beneficiaries, with special emphasis on the Federal Constitution, which provides for this benefit, and Law No. 8.213 / 1991, which regulates it. This bias demonstrates the jusfundamentality of the confinement-assistance benefit, based on the study of the Theory of Existential Minimum and Social Risk, which are the basis for granting the benefit in question, here is a discussion of the benefit against the Dignity of the Human Person, the fundamental principle of the Brazilian State. It also deals with the changes in the granting of confinement-assistance brought by Constitutional Amendment No. 20 of 1998. Finally, it is concluded that this Amendment is unconstitutional, since it takes into account the income of the insured inmate, and not that of the beneficiary, at the time of granting the confinement-assistance.