The right to the welfare benefit of continued provision of homeless people

Abstract

This article aims to unveil the legal meaning of the disability requirement, for the purpose of obtaining the benefit of continued benefit, provided for in Article 203, item V, of the Federal Constitution, and in Law No. 8,742/1993, when the requesting party is in a street situation. Based on considerations about the legal content of the principle of human dignity, as well as on the current configuration of the Social Security system, the work seeks, through a systematic interpretation of the normative texts in force, as well as using the lesson of the most aresponsible doctrine, to outline the legal contours of what should be understood as disability,  for the purpose of granting the benefit in question. In the end, it concludes that it is due to the assistance benefit to homeless people even if the inability to work is not technically present, in view of the particular life circumstances faced by them, and the almost insurmountable challenges that are present for the promotion of the social reintegration of these people.