Concession of the Continuous Payment Benefit (BPC-LOAS) in Brazil: the role of Advocacy in guaranteeing rights

Abstract

This study analyzes the role of law in granting the Continuous Payment Benefit (BPC-LOAS) in Brazil, focusing on its influence in guaranteeing rights for elderly people and people with disabilities in situations of economic vulnerability. The research problem focuses on the challenges faced by applicants, which include the complexity of administrative procedures and the rigidity of eligibility criteria, which often result in grant denials that need to be challenged in court. The general objective of this work is to explore how law can facilitate access to the BPC-LOAS and promote an application of the law that considers the particularities of each case, guaranteeing the rights of the most vulnerable beneficiaries. The methodology adopted was a literature review, which provided an in-depth analysis of legal texts, court decisions and academic studies related to the topic. The partial results indicate that legal action is essential not only in individual representation, but also in influencing public policies, contributing to reforms in administrative and legislative practices. Furthermore, the study highlights the significant impact of BPC-LOAS in reducing poverty and improving the quality of life of beneficiaries, while also pointing to the system's sustainability challenges in the face of increased demand. The conclusions emphasize the need for in-depth knowledge of legislation and administrative procedures by lawyers, and the urgency of legislative revisions that make application procedures and eligibility criteria more adaptable to diverse social and economic realities. It is also suggested that future research explore longitudinal studies to assess the impact of legislative changes and administrative practices on the effectiveness of the BPC-LOAS over time, in addition to investigating interactions between beneficiaries and social assistance systems in municipal and state level.