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Assistance Benefits in Brazil

Changes and Challenges to the Exercise of a Constitutional Right

  • Book
  • © 2016

Overview

Editors:
  1. Marco Aurélio Serau Junior

    1. Tribunal Regional Federal 3a. regiã, São Paulo, Brazil

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  2. José Ricardo Caetano Costa

    1. Isquierdo e Costa Advogados Associa, Pelotas, Brazil

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    You can also search for this editor in PubMed   Google Scholar

  • Summarizes the recent advances in the Brazilian law on having social assistance as a fundamental right
  • Offers multiple views of the challenges faced by the Brazilian Justice in its debates on extending social assistance
  • Broadens understanding of the tensions between economic and legal arguments in the provision of assistance benefits

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Table of contents (13 chapters)

  1. Front Matter

    Pages i-xix
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  2. An Introduction to Brazil’s Social Security System

    • Marco Aurélio Serau Junior, José Ricardo Caetano Costa
    Pages 1-5

  4. Requirements for Granting the Benefit

    1. Front Matter

      Pages 65-65
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    2. Administrative Process for the Purpose of the Concession of Welfare Benefits

      • Alexandre Schumacher Triches
      Pages 67-80

    3. The Right to Have Rights: Social Assistance Rights from a Judicial Activism Perspective

      • Ana Maria Correa Isquierdo, José Ricardo Caetano Costa
      Pages 81-92

    4. Specifics of Claim Preclusion in Lawsuits Involving Welfare Benefits

      • Bruno Takahashi, Karina Carla Lopes Garcia
      Pages 93-108

    5. Effectiveness of the Social Protection Benefit to Fight Extreme Poverty Under Brazilian Rule of Law

      • José Carlos Francisco
      Pages 109-122

    6. Biopsicossocial Expert Evidence: A Good Example from the Social Assistance Law

      • José Ricardo Caetano Costa, Marco Aurelio Serau Junior
      Pages 123-142

    7. The Continued Payment Benefit in Comparison with Social Security Benefits

      • Silvio Marques Garcia
      Pages 143-161

    8. Immigrants’ Right to Continued Benefit Payments: A Citizenship Question

      • Camila Bibiana Freitas Baraldi, Táli Pires de Almeida, Tatiana Chang Waldman
      Pages 163-179
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Keywords

About this book

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

Editors and Affiliations

  • Tribunal Regional Federal 3a. regiã, São Paulo, Brazil

    Marco Aurélio Serau Junior

  • Isquierdo e Costa Advogados Associa, Pelotas, Brazil

    José Ricardo Caetano Costa

About the editors

Marco Aurélio Serau Junior is a lawyer with a PhD in Human Rights from University of São Paulo, Brazil. His fields of research are social security, access to justice and critical examination of jurisprudence on social security.
José Ricardo Caetano Costa is a lawyer and a professor at the Law School of the Federal University of Rio Grande, Brazil. He has a PhD in Social Service from Pontifical Catholic University of Rio Grande do Sul, Brazil. His fields of research include social securities, public policies, social assistance and environment.

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