The continued benefit and the changes brought by Law 14,176/21 in the economic criteria for its granting

Abstract

The continued benefit (CB) is the right of a disabled or elderly citizen, who cannot support himself or have help from his family, to receive a minimum wage. To be entitled to the benefit, the applicant must meet legal requirements, among them the maximum monthly per capita income. This criterion, however, has generated divergence for years and, after several legislative changes and court decisions, it was changed again in 2021. In this sense, the objective is to answer the question: what are the changes brought about by Law 14176/21 for the concession of the BPC benefit previously foreseen in the Organic Law on Social Assistance and what are the practical impacts caused by them? The objective is to conceptualize BPC/LOAS, present the divergent points about the economic criteria for the concession of the benefit and analyze the alterations brought about by the legislation. The deductive approach, monographic procedure, and the techniques of documental and bibliographical research were used. It is concluded that the definitions brought by Law nº 14.176/21 are beneficial to the citizens and make possible a necessary malleability in the case-by-case analysis of each applicant's needs.