Assistance Benefits in Brazil Changes and Challenges to the Exercise
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 S
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nce Benefits in Brazil
Changes and Challenges to the Exercise of a Constitutional Right
Assistance Benefits in Brazil
Marco Aurélio Serau Junior José Ricardo Caetano Costa Editors
Assistance Benefits in Brazil Changes and Challenges to the Exercise of a Constitutional Right
Editors Marco Aurélio Serau Junior Tribunal Regional Federal, 3a. região São Paulo, São Paulo, Brazil
José Ricardo Caetano Costa Isquierdo e Costa Advogados Associados Pelotas, Rio Grande do Sul, Brazil
ISBN 978-3-319-27044-9 ISBN 978-3-319-27046-3 DOI 10.1007/978-3-319-27046-3
(eBook)
Library of Congress Control Number: 2016931620 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)
This book is dedicated to our families and all the people in the world who need social assistance. (Serau Jr. & Costa)
Foreword
Thanks to the initiative and the efficient organization of professors Marco Aurélio Serau Junior and José Ricardo Caetano Costa, the chapters collected here will fill a wide gap in the Brazilian legal literature. On the one hand, there are many works dedicated to capital issues of social security—some of them inclusively authored by distinguished jurists and also present in this collection. On the other hand, it seems that the problems of social assistance for some reason do not give rise to the same concern. Many factors can explain the negligence with which the jurists view social assistance. In my opinion, this attitude derives from the conceptual gap underlying the decision of the member of the constitutional convention to bring together, under the sole coverage of Social Security (in the broad sense), and Social Assistance and Social Security in the strict sense. The binomial, under the doctrine that prevails in Western countries, conceptually incl
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