A execução do controle de constitucionalidade pelo STF no julgamento da ADI 1.232/DF e na reclamação constitucional 4.374/PE à luz do acesso ao benefício de prestação continuada

Abstract

The Brazilian constitution established an extensive set of fundamental rights, among which social assistance stands out; after years relegated to the perspective of benefit, it came to be contemplated by a set of legal norms at the constitutional and infra-constitutional level. However, the granting of one of the main assistance assistance, the continued benefit benefit, was legally limited by an apparently non-inclusive low-income criterion: 1/4 of the current minimum wage of per capita family income. In this way, the judiciary was constantly provoked to express its opinion on the constitutionality of the legal provision. In this context, this monograph reflects on the application of constitutionality control by the supreme federal court as a means of facilitating or hindering access to social assistance from the benefit of continued provision. The research applied the dialectical method combined with bibliographic and documentary research techniques, as well as being guided by a qualitative bias and theoretical nature. The results pointed to the declaration of constitutionality as an impediment or, at least, hindering access to the BPC, while constitutionality, without the nullity ruling, facilitates the granting of the benefit although it brings disadvantages such as the lack of objective criteria and necessary judicialization of public policy, especially while the constitutionality of omission is still present.