Resumo

IVO, Anete Brito Leal  e  SILVA, Alessandra Buarque de A. The hiatus of law within law: exclusion from Continued Benefit Payments. Rev. katálysis [online]. 2011, vol.14, n.1, pp. 32-40. ISSN 1414-4980.  http://dx.doi.org/10.1590/S1414-49802011000100004.

This article examines the process of "structural selectivity" from the conception of a basic constitutional right to the provision of social assistance related to Continued Benefit Payments (BPC), and the effectiveness of the management of this need and the determination of the eligibility for the benefits. To do so, it analyzes the evolution of the legislation that defines eligibility criteria and "denials" of the benefit for those requesting social assistance, a process marked by advances and setbacks in the application of the law. It also considers the effects of this evolution on social spending and trends in the contemporary debate in the realm of the policy field. In this movement, it highlights the decisive role of the courts in guaranteeing citizenship rights.

Palavras-chave : Continued Payment Benefits; Social rights; Social assistance in the courts.