Disability justice

20 de April, 2023

Social Minimum and Equality: Deficiency and LOAS Assistance Benefits (Mínimo social e igualdade: deficiência, perícia e benefício assistencial na LOAS), 2012.

This paper develops the idea that the Social Assistance Act (Loas, Lei Orgânica de Assistência Social) institutes the social minimum and establishes a survival level as the standard for providing social assistance in Brazil. The definitions established by Loas are unconstitutional, because the Brazilian Constitution determines that social assistance will be provided to whoever needs it. To defend this thesis, the paper is organized in two parts. The first analyzes the concept of disability that the International Convention about the Rights of People with Disabilities incorporated into the Federal Constitution, as well as its impact on the Loas in the determination of benefits to be provided to the disabled. The second part approaches the role of examiners in directing the access to the assistance, according to the understanding imposed by the social minimums.

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