A visão monocular e o Benefício de Prestação Continuada (BPC) após o advento da lei 14.126/2021

Abstract

The present research aims to comment on the Continuous Benefit provision, which comes from the welfare organic law, for monocular individuals, after the advent of law 14.126/21. The arrival of this legislation initially aims to meet the need to define whether the monocular person should be considered a person with a disability (PwD) or not. In this context, this research provides a historical context of people with disabilities, with the aim of understanding the need for inclusive public policies such as the Continuous Benefit (BPC) for social equity purposes. Throughout this research, it can be seen that the criteria defining the granting of the benefit are broader, also involving criteria for social evaluation and analysis of poverty by experts, as provided for by the general legislation. However, despite this broader analysis for granting the benefit, it is noted that in many situations the reason for denial enters the definition or not of disability for monocular individuals, which should be something settled, given the arrival of law 14.126/21. It is then perceived that despite the monocular individual often meeting the poverty criteria, the welfare benefit was not being granted due to criteria involving the definition of disability, specifically long-term impairments. Therefore, the concept of a person with a disability is already provided for in article 2 of the Brazilian Inclusion of Persons with Disabilities Law (LBI), which expressly provides for the long-term impairment requirement, among others. What is perceived through this research is that the legislator, by creating law 14.126/21, took into consideration this definition contained in the LBI, which by itself encompasses the requirements of a person with a disability, leading to the understanding that the requirements encompassed by the legal concept of disability should not be up for discussion. The work involved bibliographic research and analysis of, after the monocular law.