Judicialização do direito social ao benefício de prestação continuada no Brasil: uma análise das decisões proferidas no âmbito do Tribunal Regional Federal da 1ª Região

Abstract

The judicialization of the Continuous Cash Benefit (BPC) highlights the challenges of ensuring social rights in Brazil, revealing legislative and administrative gaps that hinder the full realization of this right. This study examines judicial decisions issued by the Federal Regional Court of the 1st Region (TRF1), chosen for its jurisdiction over the Northern region, which comprises a significant portion of the population in vulnerable situations, from 2013 to 2023. The research addresses the flexibilization of the per capita income criterion established by the Organic Law of Social Assistance (LOAS), considering the impacts of Supreme Federal Court (STF) rulings that acknowledged the need to adapt this criterion to uphold human dignity and social justice. Grounded in John Rawls' theory of justice, the study explores how TRF1's decision-making patterns enhance access to the BPC and mitigate regional inequalities, proposing legislative improvements aimed at standardizing practices and ensuring greater legal certainty. Additionally, the impacts of these decisions on income distribution and regional development are discussed.