A miserabilidade como critério para a concessão do benefício da prestação continuada e a violação à dignidade da pessoa humana

Abstract

The purpose of this article is to analyze miserability as a criterion for granting the benefit of continued provision - BPC and the violation of the dignity of the human person, based on assistance to citizens who are unable to provide for their own life and the lengthy administrative barriers for the rejection of the request until the consent through the judicialized way. The research was carried out through bibliographic, doctrinal and jurisprudential materials, using the deduction method. The study sought to demonstrate that the criterion used for the realization of a right to the BPC confronts the Federal Constitution of Brazil / 1988 and promotes judicialization through the negatives by Social Security to beneficiaries and / or beneficiaries.