Benefício assistencial: critério econômico analisado em casos concretos

Abstract

By empirical research in socioeconomic reports prepared by social workers appointed by the
Federal 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 continued
provision to those that met the economic criteria, the only legally provided for until then. We
expose the evolution of the understanding consolidated in the STF on the subject, concluding
that, 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 cases
despite the restrictive rule. We then analyzed how the exclusive application of the economic
criterion would take place in one hundred and six concrete cases surveyed, seeking to ascertain
if its strict application would go against a broader assessment of misery, according to the usual
criteria of the jurisprudence. We conclude that, in fact, the economic criterion, despite being
a 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.