Implicações da Lei no 15.077/2024 nas regras do Benefício de Prestação Continuada (BPC) e seus efeitos nas garantias constitucionais de proteção e dignidade da pessoa humana

Abstract

This article analyzes the changes promoted by Law No. 15,077/2024 and its derived regulations within the social assistance legal system, focusing on the new rules for eligibility and maintenance of the Continuous Cash Benefit (BPC). In a scenario of fiscal austerity, the legislature introduced strict criteria, such as mandatory biometrics, monthly algorithmic data cross-checking, and changes to the family income calculation. The objective is to investigate whether such innovations violate the principles of human dignity, the existential minimum, and the prohibition of social retrogression. The methodology consists of bibliographic and documentary research, of a qualitative nature, utilizing the hypothetical-deductive method. The results indicate that the imposition of technological barriers and the restriction of socioeconomic criteria via decree extrapolate regulatory power, resulting in the exclusion of individuals in situations of financial helplessness and digital vulnerability. It is concluded that administrative modernization, when detached from due process of law and the factual reality of the beneficiaries, constitutes a social retrogression incompatible with the foundations of the Federative Republic of Brazil.