A judicialização do benefício de prestação continuada (BPC-LOAS): falha administrativa ou inadequação legislativa?

Abstract

This paper analyzes the judicialization of the Continuous Benefit Payment (BPC-LOAS), provided for in Law No. 8,742/1993, as an expression of the pursuit of the realization of social rights in Brazil. The objective is to identify the causes and impacts of judicialization, especially in light of the administrative failures of the INSS (National Institute of Social Security) and the inadequacy of the per capita income criterion of ¼ of the minimum wage. The work adopts a qualitative methodology, of an exploratory and descriptive nature, to analyze the phenomenon of the judicialization of the Continuous Benefit Payment (BPC-LOAS) and its legal and social implications. Based on theoretical-bibliographical and documentary research, the study examines legislation, doctrines, judicial decisions, and reports from bodies such as the INSS, CNJ (National Council of Justice), and TCU (Federal Court of Accounts). Adopting the deductive method, it seeks to understand how the Judiciary has acted in the realization of social assistance rights, in order to point out administrative failures and propose reflections on the effectiveness of public policies and the dignity of the human person. The research demonstrates that the Judiciary's role in making this criterion more flexible has been essential in guaranteeing the principle of human dignity and the minimum subsistence level. The study also points to the consequences of judicialization—such as administrative overload and increased public spending—and proposes legislative and administrative reforms to make the benefit more accessible and efficient. It concludes that, while judicialization ensures rights, it reveals the need for greater efficiency and integration of public social assistance policies.