A judicialização do Benefício de Prestação Continuada - BPC/LOAS para pessoas com Transtorno do Espectro Autista: uma análise do critério socioeconômico na concessão do benefício à luz das decisões do STF

Abstract

This study analyzes the judicialization of the Continuous Cash Benefit (BPC/LOAS) for individuals with Autism Spectrum Disorder (ASD), focusing on the overcoming of the socioeconomic criterion in light of the jurisprudence of the Brazilian Federal Supreme Court (STF). The BPC is an important social protection mechanism that guarantees a monthly minimum wage to persons with disabilities and elderly individuals in situations of socioeconomic vulnerability, regardless of prior contributions to the social security system. Although Brazilian legislation recognizes individuals with ASD as persons with disabilities for all legal purposes, administrative denials by the National Institute of Social Security (INSS) remain frequent, particularly due to restrictive interpretations regarding the assessment of disability and the socioeconomic condition of the applicant’s family. In this context, the research seeks to understand the factors that lead to administrative denials and the legal grounds used by the Judiciary to overturn such decisions. To achieve this objective, a qualitative methodology was adopted, based on bibliographic and documentary research, including the analysis of legislation, specialized legal doctrine, and case law from higher courts. The study demonstrates that the strict application of the per capita income criterion often fails to reflect the actual circumstances of families of individuals with ASD, who face significant expenses related to treatment, therapies, and specialized care. Furthermore, the jurisprudence of the STF and the Superior Court of Justice (STJ) has consolidated a more flexible interpretation of socioeconomic vulnerability, allowing judges to consider concrete evidence of financial hardship beyond objective income thresholds. The findings indicate that the judicialization of the BPC reveals shortcomings in the implementation of social assistance policies and highlights the essential role of the Judiciary in ensuring the effectiveness of fundamental rights, particularly the rights to social assistance, human dignity, and social inclusion for individuals with ASD.