Intersections between judicial subjectivity and indigence in the granting of the Continuous Cash Benefit

Abstract

The article presents an exploratory study, using convenience sampling analysis, on the Continuous Benefit Provision (BPC). Based on a literature review supplemented by excerpts from judgments extracted from Recourse Panels' opinions, the text discusses the role of judicial evaluator subjectivity in analyzing the economic requirement for granting the BPC. To structure the debate, the article identifies judicial arguments used in denied requests for social benefits, particularly the absence of an absolute presumption of destitution, within a discussion on social inequality in Brazil. The text argues that the evaluator's subjectivity, influenced by the country's socioeconomic context and the standardization of judicial decisions driven by political interests, affects the evaluation of the BPC's socioeconomic requirement. Throughout the article, the political basis supporting the creation of poverty lines is highlighted; advances in Social Assistance since the 1988 Constitution are presented; the characteristics of the Continuous Benefit Provision over nearly thirty years of existence, as well as the requirements for its concession, are discussed; and finally, the challenges faced by applicants to receive it during times of government spending cuts are outlined. The role and importance of the BPC as a tool to combat situations of destitution are emphasized, while acknowledging that social assistance policy alone does not address the country's poverty situation.