Detalhes bibliográficos
| Ano de defesa: |
2024 |
| Autor(a) principal: |
Fiuza, Vinicius Soutosa
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| Orientador(a): |
Horvath Júnior, Miguel
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/42690
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Resumo: |
Social assistance was only included as a fundamental right on the Federal Constitution of 1988. Before that, assistance to those in need was provided in a charitable way, without any obligation from the State. The inclusion of this right in the constitutional text also results from international documents that brought the protection of social assistance as a duty of signatory countries, as is the case of Brazil. One of the constitutional provisions of social assistance competence is the payment of a monthly benefit, worth one minimum wage, to elderly people or people with disabilities who are unable to provide for their subsistence or have it provided for by their family. This benefit is regulated by the Organic Law of Social Welfare but is widely debated in the Judiciary. In this paper, we will analyze the requirements both from a legal point of view and through doctrinal and jurisprudential interpretation, specifically in relation to the possibility of including homeless people in such requirements. Being on the streets today is a situation that increasingly affects more people, who seem to be invisible both to society and to public authorities. Given all the violations that homeless people suffer, the continued assistance benefit can be an option, together with other public policies, to try to overcome homelessness. To achieve this, joint action by public entities and society is necessary, with the dissemination of information and knowledge about the benefit to the homeless population, as a way of trying to restore the dignity of these people in extreme vulnerability. Just the fact of being homeless does not guarantee the right to the benefit, but due to all the difficulties faced by this vulnerable group, the recognition of the right to continuous assistance benefits presents itself as an alternative for overcoming inequalities and eradicating poverty |
