Justiça e Deficiência: a visão do Poder Judiciário sobre o BPC

Abstract

This article is the result of the research “Disability in the Plural: the perspective of the Federal Judges” that had the objective to discover which the beddings of the concept of disability used for Federal Judges responsible for process involving concession of the Continuous Cash Benefits Programme (BPC). The BPC consists in the only guarantor of social minimus, of not contributive character, to disabled persons firmed in the Federal Constitution of 1988. So that the deficient people have access the BPC is necessary to be poor and to be approved in a medical inspection carried through by the Social Welfare. When having its order of concession to the benefit denied by the evaluation of the National Institute of Social Security (INSS). Some people with disability appeal to the Judiciary Power with objective to have the access to the benefit. The research consisted of an analytical and documentary study of 30 actions at law of ten Federal Judges that had been responsible for sentences where it had concession of the BPC, in order to identify the beddings of the concept of disability used for the Federal Judges. With the results of the research it was possible to evident that the concept of disability used for Judiciary one to grant the BPC is more including than the concept used for the medical inspection of the INSS.