Benefício assistencial: critério econômico analisado em casos concretos

• Autor(a) principal: Sousa, Sarah Lohuamma Almeida Araújo
• Data de Publicação: 2021
• Outros Autores: de Araújo, Jorge Alberto Araújo, Sousa, Marcos Aarão Sales
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/331
• topic: Benefício Assistencial; direito previdenciário; critério econômico

By empirical research in socioeconomic reports prepared by social workers appointed by theFederal Court, we concretely analyze the application of issues that reflect various jurisprudential theses that were created as a reaction to the judgment by the Supreme Federal Court (STF), of ADI 1,232, which restricted the granting of the assistance benefit of continuedprovision to those that met the economic criteria, the only legally provided for until then. Weexpose the evolution of the understanding consolidated in the STF on the subject, concludingthat, although there was no normative modification or explicit reversal of the precedent,the Court, in 2013, “legitimized” the conduct of the judges that decided the concrete casesdespite the restrictive rule. We then analyzed how the exclusive application of the economiccriterion would take place in one hundred and six concrete cases surveyed, seeking to ascertainif its strict application would go against a broader assessment of misery, according to the usualcriteria of the jurisprudence. We conclude that, in fact, the economic criterion, despite beinga reference among other possible ones, is too narrow to serve as a single criterion for determining the granting of the assistance benefit, since the specificities of each family examined were particular and possibly unsusceptible to a family. generalist prediction.