CONSTITUCIONALIDADE DA CONCESSÃO DE BENEFÍCIO DE PRESTAÇÃO CONTINUADA A ESTRANGEIROS RESIDENTES NO BRASIL EM SITUAÇÃO DE MISERABILIDADE

Abstract

This article deals with the right to the Continuous Benefit Benefit to foreigners resident in Brazil and who meet the requirements of disability, age and have no
means of maintaining their own support, as well as having it maintained by their family. Therefore, this research will be built through legal and social concepts,
brought by legal scholars, among them Walber de Moura Agra (2018), Fábio Zambitte Ibrahim (2015) and Humberto Theodoro Júnior (2018), in order to ensure
the application of some constitutional principles such as human dignity and equality. In addition, an analysis will be made of the benefit and its criteria for granting, its legal support and case law. The specific objectives are to describe about social assistance in Brazil; investigate the possibility of granting BPC to foreigners residing in the country; and, to present some cases after the Extraordinary Appeal 587.970 of the Supreme Federal Court. The methodology used was the dialectical method, through the qualitative approach, with bibliographic-descriptive character. With the lack of research, it is concluded that the constitutionality of granting social protection to foreigners residing in the country.