Abstract
This paper consists of, in short, an approach to the administrative process for the purpose of the analysis of the right to receive Continued Contribution Benefits, as stated in Section 20 of Law no 8.742/93. This is the benefit originated from Article 203 of the Federal Constitution that predicts the subsystem of Social Assistance, in relation to the Social Security System. The objective of this paper is to analyze the aforementioned kind of process, from its instauration to its conclusion, searching for definitions for juridical regime, juridical nature, and pragmatic aspects related to the dynamics of the process.
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Notes
- 1.
The STF has already declared the legal criterion unconstitutional by defining in Demand (RCL) 4374, with the same meaning of the understanding already established by the Plenary in yesterday’s session, when the court judged unconstitutional the two devices by analyzing Extraordinary Appeals (REs) 567985 and 580963, both with widespread repercussion. The minister Gilmar Mendes has proposed the determination of a deadline for the National Congress to create a new set of regulations about the subject, maintaining the validity of the current rules until December 31st of 2015, but this proposal wasn’t approved by two thirds of the ministers (quorum for modulation). Only five ministers positioned themselves in favor of the modulation of the effects of the decision (Gilmar Mendes, Rosa Weber, Luiz Fux, Cármen Lúcia and Celso de Mello).
- 2.
The ICF from 2001 is a revision of the 1980 ICF, published by WHO experimentally. The current CIF is a fruit of five years of work, gathering several countries, including an effective participation of Brazil, being approved by the 54th World Health Assembly, in May 2001. “ICF is useful for many different applications, for example, social security, evaluation of the health aid management and population studies in local, national and international levels. It offers a conceptual structure for the information applicable to individual medical aid, including prevention, promotion of health and improvement of the participation, removing or mitigating the social obstacles and stimulating the provision of social support and facilitators. It is also useful for the study of medical aid systems, both in evaluation terms and formulation of public politics” (ICF-2011).
References
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Costa JRC (2013b) Construção e efetivação do benefício de prestação continuada da LOAS: uma análise crítica da assistência social no Brasil e a perspectiva de sua efetivação através da construção jurisprudencial. In: Marco Aurélio Serau Júnior (Org) Comentários à Jurisprudência Previdenciária do STF, 1st edn. Juruá, Curitiba, pp 78–95
Instrução Normativa INSS/PRES No 45, de 06 de agosto de 2010
Lei no 9.784, de 29 de janeiro de 1999
Lei no 8.742, de 7 de dezembro de 1993
Portaria MPS no 548, de 13 de setembro de 2011
Resolução CFM no 1.851, de 18 de agosto de 2008
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Triches, A.S. (2016). Administrative Process for the Purpose of the Concession of Welfare Benefits. In: Serau Junior, M., Caetano Costa, J. (eds) Assistance Benefits in Brazil. Springer, Cham. https://doi.org/10.1007/978-3-319-27046-3_7
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DOI: https://doi.org/10.1007/978-3-319-27046-3_7
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