The LOW INCOME AS A REQUIREMENT FOR THE CONCESSION OF THE AID-SECLUSION BENEFIT

Abstract

The low-income requirement for granting the prison aid benefit came into existence after the enactment of Constitutional Amendment No. 20, of December 15, 1998. Since then, this requirement has received much criticism and even various jurisprudential interpretations, whether when applying of art. 116, of Decree 3,048 of 1999, or from Provisional Measure 871, of January 18, 2019. When interpreting Decree 3,049/99, the courts differed greatly on whether the insured person or the dependent himself should be considered low-income, the moment of fulfilling this requirement and even if this value can be made more flexible. After the validity of MP 871/2019, the low-income criterion was changed, which represented a new phase of divergences.