scholarly journals O CRITÉRIO DA BAIXA RENDA NA CONCESSÃO DO BENEFÍCIO ASSISTENCIAL À PESSOA IDOSA OU DEFICIENTE

2021 ◽  
Vol 9 (208) ◽  
pp. 1-24
Author(s):  
Gabrielle Geovana Fernandes Carneiro ◽  
Luiz Carlos Ferreira Moreira

The theme is based mainly on the reality of many Brazilians who are not insured by the INSS (National Social Security Institute) who have some kind of disability or even reached the minimum age to retire. The purpose is to show the reality of many people who are unable to become insured and who depend on making their rights impossible. It deals with the Brazilian social assistance contained in article 203 of the Federal Constitution of 1988, with regard to the distribution of the value of income per capita of the minimum wage and shows that regardless of the situation of each family, there is a great discussion about this regularization in the our legal system. In this sense, the general objective of this study is related to the act of granting better living conditions to beneficiaries who have low income, through the application of the Organic Law on Social Assistance. In addition, the Continuous Payment Benefit will consist of a series of actions, measures designed to meet basic human needs, guaranteeing minimum social conditions for the necessary configuration of a dignified life, and providing health and protection (social security or social security) to prevent misfortunes caused by not working. Therefore, BPC (Continuing Benefit) found its identity in basic protection, as it aims to ensure that beneficiaries enjoy the right to family and community coexistence and social work with their families, contributing to meeting their needs and development your skills and competences.

1979 ◽  
Vol 11 (10) ◽  
pp. 1129-1145 ◽  
Author(s):  
K Mera

Increasing attention is being paid to the ‘basic human needs' approach for reducing imbalances within a developing country, urban—rural imbalances being important among them. However, as investment for meeting basic human needs is not directly productive, the future growth of the economy would have to be sacrificed if this approach is taken. In this paper the development implications of two approaches, the economic growth and the basic human needs approaches, are projected through a simulation model, and they are evaluated relative to each other. It is shown that, even if the evaluation is based on the criterion of the relative position of the rural population to the urban population, low-income countries would be better off with the economic growth approach after about ten years. For middle- and high-income countries, the basic human needs approach deserves serious consideration.


2021 ◽  
Vol 25 (1) ◽  
pp. 26
Author(s):  
Robson Roberto Silva

Apesar de a assistência social ter sido incluída na Constituição Federal de 1988 como uma das políticas de seguridade social, ela tem sido desde então marcada por tensões e resistências entre sujeitos que pertencema classes e a grupos sociais antagônicas. O presente artigo procura, assim, demonstrar, por meio de uma pesquisa bibliográfica e documental, as principais contradições na área da assistência social determinadas pela dinâmica da neoliberalização no Brasil. Particularmente, busca examinar,no contexto da pandemia da COVID-19, as medidas adotadas pelo governo ultraneoliberalde Bolsonaro, que vem reforçando a manutenção de uma estrutura de ações paralelas, focalizadas e seletivas nessa área social, que não se configuram como direitos assistenciais.SOCIAL ASSISTANCE IN NEOLIBERALISM: an analysis in the context of the COVID-19 pandemicAbstractAlthough social assistance was included in the Federal Constitution of 1988 as one of the social security policies, it has since been marked by tensions and resistance between subjects belonging to antagonistic classes and social groups. This article thus seeks to demonstrate, through bibliographical and documentary research, the main contradictions in the area of social assistance determined by the dynamics of neoliberalization in Brazil. In particular, it seeks to examine, in the context of the COVID-19 pandemic, the measures adopted by the ultra-neoliberal government of Bolsonaro, which has been reinforcing the maintenance of a structure of parallel, focused and selective actions in this social area, which do not constitute assistance rights.Keywords: Social assistance. Neoliberalism. COVID-19 pandemic.Brazil


2020 ◽  
pp. 137-155
Author(s):  
Nadiia CHUDYK-BILOUSOVA

The concept of a social assistance agreement, its parties and purpose, which depends on the type of agreement, is defined. The system and mechanisms of concluding social assistance agreements as a basis for the formation of a non-state social security system are studied. The legislation does not contain a single list and mechanics of conclusion and execution. Under a social assistance agreement, the recipient, as a person in difficult life circumstances that he or she cannot overcome or mitigate on his or her own, may receive material benefits or other intangible benefits at the expense or with the participation of the provider under certain conditions. The purpose of concluding a contract is to assist in overcoming or mitigating difficult life circumstances at the expense of the provider's funds or property, or by raising funds or the provider's property, using non-state social security funds for a certain period. A person in need of social security has the right to use the assistance of a charitable organization in the form prescribed by law. On the basis of the agreement it is possible to receive services from volunteers and the volunteer organization. The probation volunteering contract is concluded to achieve the goal set by law, so it is advisable to set clear requirements for the probation volunteer. It is substantiated that the content of the inheritance agreement may stipulate the provision of social security to the alienator on the terms specified in the agreement. It is established that social security for children in difficult life circumstances can be provided by concluding social assistance agreements. The expediency of applying a foster care agreement to a child who has suffered from human trafficking, who has lost his or her parents or whose parents are unable to perform their duties due to health or other reasons in order to ensure that he or she is provided with social security under the conditions specified by law. The expediency of applying a foster care agreement for the immediate provision of family care for a child for a period when his family status is uncertain is indicated. It is substantiated that the purpose of the agreement on the placement of a child in foster care and cohabitation in a foster family is to provide him with social security and create conditions for learning and development. It is established that the purpose of the agreement on the establishment of a family-type orphanage is to guarantee the provision of social services and state assistance. On the basis of the conducted research the expediency of normative fixing of the standard form of the contract on rendering services of the municipal nanny that will promote coordination of interests of the parties of this contract and protection of their rights is proved. Keywords: contract, social assistance contract, purpose of contract, parties to contract, difficult life circumstance.


2019 ◽  
Vol 32 (1) ◽  
pp. 55-59
Author(s):  
Venelin Terziev ◽  
Simeon Simeonov

Social policy as a set of principles, legal norms, activities and institutions, aimed at creating conditions that ensure the quality of life of the citizens of a country, is an expression of the social relations between the state and its citizens. Social policy determines safety (social, health, economic) and security of the individuals in society.Social policy should be seen as an activity that guarantees the security of those affected by the risks of labour, family and life. In a broader sense, social policy regulates a very broad range of social relationships that relate to employment, income, education, and others. Social security can therefore be seen as the main objective of social policy. In modern concepts, social security is perceived as a system of public rules, institutions and social payments that enable the dignified exitense of every person, who in an unusual state of vitality. Social security can therefore be seen as a set of measures to protect people in an unusual situation. Forms of social security: social security coverage; social assistance; social provision.Apart from thier nature, purpose and funding, social security and social assistance differ according to the principles of organization and management. Social assistance is a decentralized system, and social security can be centralized or decentralized depending on the principles adopted. Through these forms of social security, people receive material security for their existence on the basis of common and unified rules. In any case, however, not always will the indigent be covered by these forms of social security, regardless of their social protection needs. It is possible that even socially protected persons may be in need because of the low income recevied by this system. In such cases the intervention of social assistance is needed as a means of “plugging the holes”. For the sake of clarity, social security can be defined as the first defense net, and social assistance as the second defense net, i.e. social assistance must take on the part of the population which, for one or other reason, does not fall from or land either from the upper levels of the social protection system or when the level of this protection has been insufficient or it provides social protection from the last instance.


1981 ◽  
Vol 23 (2) ◽  
pp. 177-201 ◽  
Author(s):  
Francisco E. Thoumi

Economic development—defined by growth of GNP per capita—among the poor countries of the world during the last 25 years has been higher than in almost any other period in mankind's history. Although this growth might have not been as high as that expected by some policy makers, the 1950-1975 period shows an overall improvement over the recent past. In spite of this apparent surge in growth, many policy makers and social scientists have shown disappointment and dismay at some characteristics of the recent increases in GNP (Morawetz, 1977).


2021 ◽  
Vol 4 (2) ◽  
pp. 170-179
Author(s):  
Anggiat P. Simamora ◽  
Ramsul Nababan

This paper will answer two questions related to whether there is a need for sanctions for those who refuse to be vaccinated, what sanctions are appropriate from the perspective of interest theory, and what is the legal basis for imposing sanctions for those who refuse to be vaccinated in Indonesia. This study uses a sociolegal approach from the perspective of interest theory, it is found that sanctions can not only be given but must be given to those who refuse to be vaccinated. According to this perspective, the appropriate sanction is not fines or imprisonment, but deprivation of the right to socialize. The legal basis for imposing sanctions for those who refuse to be vaccinated is Article 5 of Law 4/1984 and PerPres12/2021. The sanctions referred to are administrative in nature in the form of termination of social security or social assistance, postponement or termination of government administration services, and fines. These sanctions do not contribute to stopping the spread of the Covid-19 virus, so it is recommended that amendments to these provisions are necessary.


2019 ◽  
Vol 3 ◽  
pp. 246-258
Author(s):  
Syufaat Syufaat

Public welfare is one of the ideals that Islam wishes in order to realize the physical and spiritual prosperity. Efforts to realize it is to bring social welfare into reality through the principles of solidarity to achieve a sense of security for all human life, by which then it is known as the social security system (SSS). One of the issues of today’s urban society is the availability of social security to meet basic human needs which covers the needs of food, clothing, housing, education, health, energy sources, sanitation, transportation and information. Islamic social security is not limited merely to meet the materialistic and hedonistic basic needs, but it meets spiritual needs that are more essential.


2020 ◽  
Vol 22 (2) ◽  
pp. 138-147 ◽  
Author(s):  
Gijsbert Vonk

This contribution deals with the co-ordination of minimum subsistence benefits in EU law. It is argued that the distinction between social assistance schemes and non-contributory benefits in EU social security law is becoming increasingly redundant. This is recognised in the case law of the CJEU, although paradoxically not in a way that strengthens the rights of mobile citizens, but in an adverse manner that undermines the co-ordination efforts of non-contributory benefits under Regulation 883/2004. In order to overcome this problem, it is argued that social assistance should be included in the material scope of application of Regulation 883/2004. This regulation should abandon the concept of special non-contributory benefits and introduce a new category of minimum subsistence benefits, which would also include social assistance schemes. Such a change could be accompanied by a single, coherent principle to govern the relationship between the right to benefits (Regulation 883/2004) and residence rights (Directive 2004/38), if necessary supported by a cost sharing mechanism for minimum substance benefits under Regulation 883/2004 and, preferably, by a recognition of minimum protection standards for economically non-active EU citizens without a legal right of residence.


2011 ◽  
Vol 13 (3) ◽  
pp. 305-319 ◽  
Author(s):  
Maria Gavouneli

AbstractWithin a few months in 2010, both the UN General Assembly and the Human Rights Council affirmed a human right to safe drinking water. The present paper purports to identify the impact, if any, of these declarations of an existing or emerging right to water and its repercussions on the proper management of transboundary aquifers, which the ILC sought to regulate in its 2008 Draft Articles. Reviewing existing binding and non-binding instruments and related State practice, I argue that there exists today a mature right to clean water. Although the law of transboundary aquifers is in a nascent form, there is no reason not to import the polished quality requirements of the right to water in order to further identify and fulfil the basic human needs it has set out to address. The achievements of the human rights field may and must be transferred into the emerging water law.


Sign in / Sign up

Export Citation Format

Share Document