O acesso ao BPC/LOAS por pessoas com transtorno do espectro autista: uma análise crítica do critério de miserabilidade e seus reflexos na efetivação de direitos

Abstract

Thais monograph analyzes access to the Continuous Cash Benefit for people with autism spectrum disorder, focusing on the indigence criterion established by the Organic Law of Social Assistance and its impacts on the realization of fundamental rights. Using the deductive-bibliographic method, based on doctrine, legislation, and case law, it demonstrates that the rigid application of the per capita family income criterion of less than one quarter of the minimum wage is incompatible with the principles of human dignity, substantive equality, and the integral protection of persons with disabilities.The administrative model adopted by the INSS, marked by automation and bureaucracy, disregards the continuous costs imposed by ASD, resulting in the exclusion of those who need protection the most. Although the Supreme Federal Court (STF) and the Superior Court of Justice (STJ) have moved toward flexibilizing this criterion, such understanding has not yet been uniformly reflected in administrative practice.In light of this, the study proposes the adoption of a multidimensional assessment, the training of public servants, and the incorporation of jurisprudential parameters into the administrative sphere, in order to ensure that the benefit fulfills its constitutional purpose.