The social assistance and the judicial activim in the perpective of the human being dignity

Abstract

The social assistance, inserted in the constitutional order, article 203 of the Constitution Federal of 1988, and regulated for the Federal Law n.º 8.742/93, came to take care of to those that do not possess the minimum conditions to contribute for the social welfare, making possible the reduction of the inaqualities, in order to guarantee the minimum dignity of the person human being, allowing them real exercise of the citizenship. However, the aged criterion for concession of the assistencial benefit generates controversies before the Statute of the Aged one, that it considers elderly that one that possesss 60 years more or, while the Social Assistance grants the Benefit of Continued Installment the aged ones that they count more than on 65 years. To decide such impasse, human being uses itself the beginning of the dignity of the person, bedding of the Federal Constitution of 1988, for, then, to apply the revealing judicial activism, being able to arrive at a result where all the worthy citizens are e, therefore, they make jus to the assistencial benefit.