The analysis of the personal conditions of the interested party in the recognition of the need for the continued benefit of benefit

Abstract

When carrying out the work on the proposed theme, initially a brief approach is made to the concept of Social Security. Next, an explanation is given about the Continuous Benefit Benefit, as part of the measures adopted by the State in the Social Assistance area, conceptualizing it, indicating its legal prediction and presenting a brief introduction on the subject regarding the criterion of measurement of miserability, focus of this work. Finally, a descriptive analysis of the legal precedents of the country in the scope of the Federal Supreme Court on the requirement of miserability is made, considering the wide critical-doctrinal development involving the subject matter, and how this discussion was developed until one arrives at a flexible thought of this requirement in question. After this explanation, we conclude by analyzing the importance of the emergence of new legislative measures, with the purpose of improving the lives of people with disabilities and the elderly person over 65 in society, on equal terms with other people , an important instrument for achieving the constitutional objectives of eradicating poverty and reducing social inequalities.