Proteção social não contributiva: uma análise do aumento da judicialização do BPC frente aos critérios da Lei 8.742/93

Abstract

This study aims to analyze the increase in the judicialization of the Continuous Cash Benefit (BPC) in the face of the criteria maintained by the Organic Law on Social Assistance (LOAS) No. 8,742/93. The aim is to clarify the main reasons behind the increase in judicialization of the benefit and to assess whether these criteria are adequate to guarantee social protection for elderly people aged 65 and over and people with disabilities in situations of social vulnerability. The research used a broad literature review and adopted a quantitative/qualitative exploratory and explanatory approach, considering Law 8.742/93, the 1988 Constitution and other legislation, case law analysis and statistical data, precedents, doctrines, and scientific articles related to the subject. The study also highlights possible flaws in the legislation, the implementation of public policies, and the interpretation of these criteria by the authority responsible for granting the benefit. The results show that the National Social Security Institute (INSS), in addition to being one of the most litigious parties, with BPC being one of the most sought-after issues, rigidly follows the law's criteria about income and incapacity. At the same time, the judiciary tends to adopt a broader interpretation, making the criteria for granting the welfare benefit more flexible.