Public policy, fundamental rights and the Judiciary: a critical analysis of the Benefit of Continuing Installments (BCI)

Abstract

This paper aims at demonstrating that the Continuous Cash Benefit (BPC), a public policy tool for social protection, welfare assistance, and therefore non-contributory, a legitimate fundamental right established by the Brazilian Constitution in favor of the elderly and people with disabilities, has achieved significant levels of effectiveness and achievement along these social segments, thanks to a serious and committed work of the judiciary with the values and principles established by the Constitution, that this action has been aware of the precarious complementary regulatory and legislative executive bureaucracy implementation of minimum citizenship. To do so, after a brief about the judicial role as a necessary element for the effectiveness of public policies and the realization of fundamental rights in Brazil, will be a critical analysis of legislative developments in the regulation of that benefit, since its creation to today, demonstrating the difficulties in implementing this minimum assistance by the Executive, as well as examine the role of the judiciary which, alongside other institutions of great importance to the protection of fundamental rights in effecting access to BPC for the elderly and disabled, eventually accomplish, indirectly, a public policy social welfare established by the Brazilian Constitution.