CONTINUED BENEFIT: SECOND DIMENSION SOCIAL RIGHTS AND HUMAN RIGHTS IN THE ANALYSIS OF NORBERTO BOBBIO

Direitos sociais de segunda dimensão e direito do homem na análise de Norberto Bobbio

Abstract

This article discusses the social right as a second dimension right, being a measure of constitutional public assistance policy called Benefit of Continued Provision (BPC). Explaining the difficulties of access for recipients, the ineffectiveness of implementation and the need for a resolution through the courts highlights the theory of Norberto Bobbio (2004), which highlights that protected rights are fully exercisable and limit and direct democratic power to guarantee fundamental rights. The relevance of the theme is to proclaim this right, for beneficiaries who need social assistance, in the specific case: the elderly aged 65 or over and people with disabilities. Methodologically, the study was descriptive and used secondary data from IBGE, IPEA and PNS. It is inferred that access to the benefit involves bureaucratic and operational issues. The delay of its destination for the population requires the requirements of art. 20 of the Organic Law of Social Assistance (LOAS), pursuant to art. 203 of the Federal Constitution.