THE (IM)POSSIBILITY OF GRANTING THE BENEFIT OF CONTINUED PROVISION OF PERSON WITH DISABILITIES FOR PEOPLE WITH MALIGNANT NEOPLASIA

Abstract

THE GRANTING OF ASSISTANCE BENEFITS TO PEOPLE WITH MALIGNANT NEOPLASMS HAS BEEN THE TARGET OF STUDIES AND CONCRETE ANALYZES BY SEVERAL COURTS. THEREFORE, THE BRAZILIAN LEGAL SYSTEM HAS BEEN ADAPTING IN AN ESSENTIALLY JURISPRUDENTIAL WAY TO EFFECT THE APPLICABILITY OF SUCH BENEFITS. THE METHODOLOGY USED CONSISTED OF QUALITATIVE RESEARCH, USING BIBLIOGRAPHIC RESOURCES: BOOKS, ARTICLES, JURISPRUDENCE AND POSITIONS. THE ISSUE COMPRISES ANALYZING THE APPLICABILITY OF THE DEFICIENT CONTINUED PROVISION BENEFIT TO PATIENTS WITH MALIGNANT NEOPLASMS, IN SPECIFIC CASES. THE GENERAL OBJECTIVES ARE TO IDENTIFY THE REASONS AND REASONS THAT INFLUENCE THE GRANTING OR DENIAL OF THE BENEFIT OF CONTINUED BENEFIT TO THE DISABLED, DELIMITING THIS POSSIBILITY AND ANALYZING THE CLASSIFICATION OF PATIENTS WITH MALIGNANT NEOPLASIA AS POSSIBLE BENEFICIARIES. THE SPECIFIC OBJECTIVES INCLUDE: ANALYZING THE PRINCIPLES AND STRUCTURE OF SOCIAL ASSISTANCE, VERIFYING THE REQUIREMENTS FOR GRANTING THE CONTINUOUS-DISABLED BENEFIT BENEFIT, ANALYZING THE SOCIOECONOMIC IMPACTS CAUSED BY THE MALIGNANT NEOPLASM AND VERIFYING THE JURISPRUDENTIAL POSITION REGARDING THE ADEQUACY OF THE MALIGNANT NEOPLASM PATIENT TO THE BPC -DEFICIENT. DURING THE RESEARCH, IT WAS NOTED THAT, DESPITE THE INCURABILITY AND THE IMPACT CAUSED BY MALIGNANT NAOPLASIA, NOT ALL CASES HAVE DEFERRAL OF THE CONTINUOUS CASH BENEFIT, AND SOME CASES DO NOT MEET THE NECESSARY REQUIREMENTS FOR ITS GRANTING.