The Federal Supreme Court and the Configuration of the Necessity of the Individual: An Analysis of the Miserability Criteria in the Organic Law of Social Assistance

Abstract

In Brazil the Continuous Cash Benefit Program (BPC) is granted monthly to elderly and physically disabled citizens in the situation of social risk an economic necessity. Despite the express constitutional provision that determines broad access to the benefit, the Organic Law of Social Assistance (LOAS) provisions, among others, an objective criteria of miserability that restrains the coverage of the BPC. The subject, due to its relevance, was submitted to the Brazilian Federal Supreme Court (STF) in more than one opportunity. Given the above said, the present article intends to demonstrate the different positions already sustained by the STF when addressing the matter of the miserability criteria mentioned at LOAS, as well as to determine the current understanding of the Court regarding the configuration of the necessity of the individual. This work is a qualitative review and the gathering of data consisted of analyses of the current legislation, complemented by bibliographical and jurisprudential research, all of which offer the necessary support in order to understand the concepts and principles that compose the object under study.

Keywords

• Supremo tribunal federal (stf), Necessidade, Miserabilidade, Lei orgânica da assistência social (loas)